Patna High Court
Kavita KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief.
Summary
Kavita Kumari applied for anticipatory bail after the police registered a case (PS No. 123 of 2026) under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging her involvement in the recovery of 124 grams of brown sugar. The prosecution’s case relied on the confessional statement of a co-accused who named the petitioner as a participant. The petitioner argued that she was falsely implicated and has a prior criminal record, seeking protection from arrest. The State opposed the bail, citing the seriousness of the NDPS offence and the relevance of the co-accused’s statement. The Court, referring to the Supreme Court’s decision in State of Haryana v. Samarth Kumar (2022 SCC OnLine SC 2087), held that the circumstances did not warrant anticipatory bail and dismissed the application, directing the petitioner to surrender and seek regular bail before the trial court.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s name appears in a co-accused’s confessional statement under the NDPS Act.
- Whether the nature of the alleged offence under Sections 8(c) and 21(b) of the NDPS Act precludes anticipatory bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- brown sugar seizure
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38204 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Kavita Kumari Wife of Shashi Bind, D/o Surendra Kumar @ Surendra Bind
Resident of Village- Beda Mod, Banarasiya, P.S.- Sasaram (Muffasil),
District- Rohtas, Permanent Address- Wife of Shashi Bind, Resident of
Village- Darangiya, P.S.- Shivsagar, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Sasaram (Muffasil) P.S. Case No. 123 of 2026 instituted
under Sections 8(c)/ 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, 124 gms of brown
sugar was recovered from three persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It is next submitted that the name of the petitioner has
come in the confessional statement of the co-accused, who has
stated that petitioner is also involved in the crime. Petitioner
has one criminal antecedent.
Patna High Court CR. MISC. No.38204 of 2026(2) dt.16-06-2026
2/2
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the fact that the name of the petitioner
has surfaced in the confessional statement of co-accused who
was apprehended on the spot and also judgment of the Hon’ble
Supreme Court in the case of State of Haryana vs. Samarth
Kumar reported as 2022 SCC OnLine SC 2087, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner may surrender and pray for regular
bail before the Court below.
(Sandeep Kumar, J)
tusharika/-
U T
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