Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Petitioner Rahul Kumar applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving alleged possession 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 prosecution’s FIR named twelve accused, including the petitioner, and the petitioner claimed innocence, alleging procedural violations in the search and seizure under NDPS Sections 42 and 50, and pointed to a similar bail order granted to a co‑accused. The State opposed bail, highlighting the petitioner’s unclean criminal antecedent. The High Court, considering the seriousness of the allegations and the petitioner’s antecedents, refused the anticipatory bail but allowed the petitioner to seek regular bail upon surrender within four weeks. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged NDPS offences.
- Whether alleged procedural lapses in search and seizure under NDPS Sections 42 and 50 affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent precludes the grant of anticipatory 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
- criminal antecedent
- Section 482
- BNSS 2023
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37943 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Rahul Kumar S/o Bhoril Ray R/o village- Devkuli, 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, APP
======================================================
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,
pending in the Court of Exclusive Special Court-II (N.D.P.S.
Act), Muzaffarpur.
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
Patna High Court CR. MISC. No.37943 of 2026(2) dt.17-06-2026
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the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner has been implicated in this case on
disclosure statement of arrested co-accused before police. 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 not 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 and submits that criminal antecedent of the
petitioner is not clean.
6. Considering the nature of allegation and
antecedent of the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner. Hence, the prayer for
anticipatory bail of the petitioner is hereby refused. However, in
Patna High Court CR. MISC. No.37943 of 2026(2) dt.17-06-2026
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the event of surrender of the petitioner within four weeks from
today, the prayer for regular bail shall be considered without
being prejudiced by the order of this Court.
(Dr. Anshuman, J)
Mkr./-
U T
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