Patna High Court
Prince Jaiswal @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail cannot be granted as the petitioner appears prima facie involved in drug trafficking under the NDPS Act.
Summary
The petitioner, Prince Jaiswal (Prince Kumar), applied for anticipatory bail in a case under Sections 20(b)(ii)(B), 23(b) and 25 of the NDPS Act where 5.1 kg of ganja, cash and a mobile were seized. The prosecution’s case is based on statements of co‑accused Sajid Hussain and Chandra Bhushan Kumar, who alleged that the petitioner coordinated the drug transaction and provided money. The petitioner contended that he was falsely implicated due to local political rivalry and that the seized narcotics were not in his possession. The State argued that the confessional statements and the money recovered from Chandra Bhushan Kumar establish the petitioner’s involvement in drug trafficking. The court, after considering the submissions, held that the confessional statements create a prima facie case against the petitioner and therefore refused to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the NDPS case.
- Whether the confessional statements of co‑accused persons constitute a sufficient basis for a prima facie case against the petitioner.
- Whether the petitioner is implicated in offences under Sections 20(b)(ii)(B), 23(b) and 25 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 23(b), 25
Subjects
- anticipatory bail
- NDPS Act
- drug trafficking
- confessional statement
- political motive
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36342 of 2025
Arising Out of PS. Case No.-140 Year-2023 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Prince Jaiswal @ Prince Kumar son of Rakesh Prasad VILLAGE
-PAKARIDAYAL PS- PAKARIDAYAL DIST- EAST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 11-02-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Kundwa Chainpur Police Station Case No. 140 of
2023, dated 28.08.2023, disclosing offences under
Sections 20(b)(ii)(B)/23(b)/25 of the NDPS Act.
3. The prosecution case, as per the First Information Report,
is that on 28.08.2023, the SSB Officials were on duty
near Bajrang Chowk, during course of vehicle checking
they intercepted one motorcycle and apprehended one
person, namely, Sajid Hussain and recovered 5.1 Kg of
Ganja from the arrested co-accused person. The
apprehended person disclosed that he has brought the said
Ganja from Dharmendra Kumar of Nepal and they have
to hand it over to the petitioner. The arrested co-accused
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person informed to the petitioner on mobile phone,
whereafter, one person came on motorcycle, having
registration no. BR-30X-5008, who disclosed his name as
Chandra Bhusan Kumar. During course of search, cash
worth Rs. 50,000/- and one mobile was recovered from
his possession.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in present case
on the basis of confessional statement made by the
arrested co-accused persons. He next submits that arrested
co-accused persons has implicated the name of the
petitioner due to local politics. He furthers submits that
recovery of Ganja is not from the possession of petitioner,
but from the arrested co-accused person-Sajid Hussain.
5. On the other hand, learned counsel for the State argued
that the petitioner is involved in trafficking of contraband
material which would be evident from the fact that at the
time of arrest of co-accused Sajid Hussain, he made a call
to the petitioner informing him about availability of
Ganja, upon which, one person, namely, Chandra
Bhushan Kumar, was sent having cash worth Rs. 50,000/-
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in order to pay the arrested co-accused Sajid Hussain,
who was arrested along with Ganja. The police has
recovered Rs. 50,000/- from Chandra Bhushan Kumar.
She further submits that the statement of Chandra
Bhushan Kumar was also recorded who has confirmed
that he had come with money on instructions of Prince
Kumar i.e. the petitioner for handing it over to Sajid
Hussain for providing Ganja.
6. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that
confessional statement of the arrested co-accused person
may be the basis for further investigation against the
petitioner, who prima facie appears to be a part of Ganja
trafficking, I am not inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, dismissed.
8. Personal appearance of the Investigation Officer of the
present FIR is dispensed with.
(Anil Kumar Sinha, J)
ashwani/-
U T
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