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Patna High Court

Munna GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since no incriminating article was recovered from the petitioner and he has clean antecedents, the court granted anticipatory bail.

Summary

Munna Giri feared arrest in a case under Sections 8, 20 and 22 of the NDPS Act after co‑accused Ranjeet Kumar Singh, from whose house 6.160 kg of ganja was seized, named him as the supplier. The petitioner argued that no contraband was found on his person, he has a clean record, and the only allegation against him is the co‑accused’s testimony. The State opposed the grant of anticipatory bail. The court examined the lack of any direct or indirect material linking the petitioner to the seized narcotics and noted his clean antecedents. Consequently, the court allowed the petition for anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case registered under the NDPS Act.
  • Whether the testimony of a co‑accused, without any seized material against the petitioner, suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • supply of narcotics
  • clean antecedents
  • co‑accused testimony
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3279 of 2026

                      Arising Out of PS. Case No.-257 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
                 Munna Giri S/o- Late Babulal Giri village - Japharpur, P. S - Sheohar, District
                 - Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Devendra Kumar, Advocate
                 For the State           :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 8, 20 and

                   22 of the N.D.P.S. Act.

                                3. As per prosecution case, 6.160 Kgs of Ganja was

                   recovered from house of co-accused Ranjeet Kumar Singh who

                   disclosed the name of this petitioner as supplier of the seized

                   contraband.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.3279 of 2026(3) dt.17-02-2026
                                            2/3




          committed no offence. No incriminating article has been

          recovered from possession of this petitioner and he has falsely

          been implicated in this case merely on the basis of disclosure

          made by co-accused Ranjeet Kumar Singh. Save and except the

          same, there is no other direct or indirect material to show the

          complicity of this petitioner in the alleged offence. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, fact that no incriminating article has been recovered from

          possession of this petitioner and clean antecedents, the prayer

          for grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge, N.D.P.S.,

          Sheohar in connection with Sheohar P.S. Case No. 257 of 2025,

          subject to condition as laid down under Section 482(2) of the
             Patna High Court CR. MISC. No.3279 of 2026(3) dt.17-02-2026
                                                         3/3




                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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