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Patna High Court

Santosh Purvey @ Santosh PurweversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted as the petitioner’s naming by a co‑accused does not satisfy the criteria for such relief.

Summary

Santosh Purvey applied for anticipatory bail fearing arrest in a Narcotic Drugs and Psychotropic Substances (NDPS) case where approximately 132 grams of a brown sugar-like substance was recovered. The prosecution’s case relied on the recovery of the substance and the petitioner’s name appearing in a co-accused’s self‑inculpatory statement. The court held that the mere inclusion of the petitioner’s name in a co‑accused’s statement does not make the case suitable for anticipatory bail. Consequently, the anticipatory bail application was dismissed. The petitioner was ordered to surrender within four weeks and to seek regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in an NDPS case where his name appears in a co‑accused’s statement.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug possession
  • co‑accused statement
  • bail procedure
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39100 of 2025
                     Arising Out of PS. Case No.-68 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Santosh Purvey @ Santosh Purwe S/O Rameshwar Purvey R/O Village-
                 Betaunha, PS- Jaynagar, District- Madhubani
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Patna
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Jay Nagar P.S. Case No. 68 of 2025 registered for the

                   offence under Section 8, 20(b)(ii)(B)/22(b) of the NDPS Act.

                                   3. As per the prosecution case, there is recovery of

                   approx 132 grams of Brown Sugar like substance from the

                   petitioner.

                                   4. The name of the petitioner has come in the self-

                   inculpatory statement of the co-accused.

                                   5. Considering the fact that the petitioner has been

                   named by a co-accused, this is not a fit case for grant of

                   anticipatory bail.

                                   6. Accordingly, this application for anticipatory

                   bail is dismissed.
          Patna High Court CR. MISC. No.39100 of 2025(4) dt.19-02-2026
                                                      2/2




                                    7. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, Madhubani will

                    take all steps for arrest of the accused person/s including the

                    petitioner.

                                    8.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Madhubani

                    through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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