Patna High Court
Raju Kanu @ Raju Sah @ Raju GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the large quantity of heroin recovered and the petitioner’s antecedents warranted denial of bail.
Summary
The petitioner, Raju Kanu, sought regular bail in a case registered under Sections 8(c) and 21(a) of the Narcotic Drugs and Psychotropic Substances Act for allegedly carrying 65.32 grams of heroin. The prosecution alleged recovery of the heroin from the petitioner’s bag pack. The petitioner claimed innocence and pointed to two prior acquittals, though he had four criminal antecedents. The State opposed bail, emphasizing the large quantity of narcotics and the petitioner’s antecedents. The court, noting the substantial heroin seizure and the petitioner’s prior NDPS antecedents, declined to grant bail. The application was dismissed, with the court clarifying that its observations were limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner under Sections 8(c) and 21(a) of the NDPS Act given the quantity of heroin recovered and his criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 8(c)
Subjects
- bail
- NDPS Act
- heroin
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42461 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KORANSARAI District- Buxar
======================================================
Raju Kanu @ Raju Sah @ Raju Gupta Son of Late Shivlal Kanu Resident of
Village- Koransarai, P.S.- Koransarai, District- Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanka Singh, Advocate
For the State : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Koram
Sarai P.S. Case No. 22 of 2026 registered for the offence
punishable under Sections 8(c) and Section 21(a) of the
Narcotic Drugs and Psychotropic Substances Act.
3. As per the prosecution case, there is recovery of
65.32 grams of heroine from the bag pack being carried by the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 21.02.2026 having four
criminal antecedents of which he has been acquitted in two
cases.
Patna High Court CR. MISC. No.42461 of 2026(2) dt.02-07-2026
2/2
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that huge quantity of heroine
has been recovered from the petitioner and he has similar
antecedents under the NDPS case, I am not inclined to grant bail
to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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