Patna High Court
Munna GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 8
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
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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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