Patna High Court
Abhishek Kumar @ Anchlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and verification conditions.
Summary
The petitioner, Abhishek Kumar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving the seizure of 63.518 kg of ganja under Sections 8 and 20(b)(ii)(c) of the NDPS Act and Section 317(2) of the Bhartiya Nyay Sanhita, 2023. The FIR named twelve accused, including the petitioner, but he claimed no involvement, asserting that the search and seizure violated procedural requirements of Sections 42 and 50 of the NDPS Act and that a similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail, noting the same precedent. The Court, after considering the petitioner's clean antecedent and readiness to comply with conditions, granted anticipatory bail subject to a Rs.30,000 bond and a direction that the trial court verify his criminal antecedent, with cancellation possible if concealment is discovered. The order emphasized that bail bond acceptance should not be delayed for verification purposes.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 in the NDPS case.
- Whether alleged procedural lapses in the search and seizure under the NDPS Act justify granting anticipatory bail.
- Whether the grant of anticipatory bail to a co‑accused on similar facts is determinative for the petitioner’s bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita — s. 317(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 42, 50, 8
Subjects
- anticipatory bail
- NDPS Act
- search and seizure
- procedural lapse
- criminal antecedent
- Section 482
- BNSS 2023
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37929 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Abhishek Kumar @ Anchlesh Kumar S/o Lalit Rai R/o village- Ram Nagar,
PS- Aurai, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Aurai P.S. Case No. 142 of 2025, lodged on
01.07.2025, under Sections 8/20(b)(ii)(c) of the N.D.P.S. Act
and under Section 317(2) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
twelve named accused persons including the present petitioner.
Total recovery of 63.518 Kgs of Ganja has been made which is
the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37929 of 2026(2) dt.17-06-2026
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petitioner is innocent and has committed no offence. Counsel
submits that the petitioner has no concern with the seized
material or seized vehicle. He submits that the petitioner has
never indulged in dealing with Ganja. He submits that the
relevant procedure under Sections 42 and 50 of the N.D.P.S. Act
has not been followed during search and seizure. He submits
that similarly situated co-accused has been granted anticipatory
bail vide order dated 28.01.2026 passed in Cr. Misc. No.2598 of
2026 by a co-ordinate Bench of this Court. Counsel submits
that the criminal antecedent of the petitioner is clean. Counsel
further submits that petitioner is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that similarly situated co-
accused has been granted anticipatory bail by a co-ordinate
Bench of this Court.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of
Patna High Court CR. MISC. No.37929 of 2026(2) dt.17-06-2026
3/3
Exclusive Special Court-II (N.D.P.S. Act), Muzaffarpur, in
connection with Aurai P.S. Case No. 142 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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