Patna High Court
Santosh Purvey @ Santosh PurweversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 22(b), 8
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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