Created by Fuzzy Cloud

Patna High Court

Bikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

Bikash Kumar sought anticipatory bail after the police seized 410 grams of ganja, a country-made pistol and live cartridges from his house in Bhagwanganj. He contended that the premises were rented to Sindhu Kumar, the sole accused, and that he had no connection to the contraband or weapons. The State argued that the accused was Kumar's associate and that the seizure from his residence, coupled with his antecedents, precluded bail. The court found no evidence to substantiate the rental claim and considered the seriousness of the NDPS and Arms Act offenses. Consequently, the court declined to grant anticipatory bail and dismissed the bail petition.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner when contraband cannabis and arms were recovered from his residence.
  • Whether the petitioner’s claim of renting the premises to the accused negates his liability under the NDPS and Arms Acts.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Arms Act
  • seizure of contraband
  • rental premises
  • bail denial
  • criminal procedure

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.33984 of 2026
                  Arising Out of PS. Case No.-214 Year-2025 Thana- BHAGWANGANJ District- Patna
               ======================================================
               Bikash Kumar S/O Late Doman Yadav Resident of Village- Kajichak
               Pattbigha, P.S- Bhagwanganj, District- Patna.
                                                                    ... ... Petitioner/s
                                                  Versus
               The State of Bihar
                                                             ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :      Mr.Ajay Kumar Sinha
               For the Opposite Party/s :      Mr.Shailendra Kumar
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                     ORAL ORDER

2 21-05-2026                          Heard learned counsel for the petitioner and learned

                      A.P.P. for the State .

                                      2. Petitioner apprehends his arrest in connection with

                      Bhagwanganj P.S. Case No. 214/2025, registered for the offence

                      punishable under Sections 8A(c), 20(b) (ii) (a) N.D.P.S. Act and

                      Sections 25(1-b) a, 26 of Arms act.

                                      3. Prosecution case in brief is that there is recovery of

                      410 gram of Ganza and a country made pistol along with two live

                      cartridge were recovered from the room of the petitioner.

                                      4. Learned counsel for the petitioner submits that the

                      place of recovery is the house of this petitioner, which according to

                      the petitioner was let out to one Sindhu Kumar, who has only been

                      made accused in this case. It is next submitted that since the house

                      was put on rent to the said accused, who was residing in the said

                      house is only responsible for the recovery of alleged articles and the

                      petitioner is no way connected with the seized articles like

                      contraband cannabis (Ganja), live cartridge and pistol for the cases
          Patna High Court CR. MISC. No.33984 of 2026(2) dt.21-05-2026
                                                      2/2




                         under N.D.P.S. and Arms Act have been registered. The counsel for

                         the petitioner raises various infirmities in the process of registration

                         of FIR made in regard to contraband but the fact of allegation being

                         that the seizure of contraband cannabis (Ganja) as also pistol and live

                         cartridge being recovered from the house of the petitioner are sought

                         to be denied by shifting the burden on the sole accused calling him to

                         be renter.

                                         5. There is nothing on record to show that the house

                         was put on rent to the sole accused and all such submissions of the

                         counsel of the petitioner has been vehemently opposed by the learned

                         A.P.P. Mr. Shailendra Kumar, by submitting that the sole accused was

                         the petitioner’s man, who was being facilitated by him in this case

                         and under his control, all these activities was going on and looking to

                         this antecedent, which case is registered under 302 IPC, the privilege

                         of anticipatory bail may not be extended in such background.

                                         6. Considering the fact that the seizure of NDPS article

                         and as also the pistol and live cartridge having been recovered from

                         the house of this petitioner and his antecedent discussed above, this

                         Court is not inclined to extend the privilege of Anticipatory bail.

                         Accordingly, the prayer for bail of this petitioner is rejected.


                                                                         (Ajit Kumar, J)
Sanjeev/-vikram
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.