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Patna High Court

Vikash Kumar @ Vikesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted as the petitioner has no incriminating material, is not the driver or owner, and possesses a clean antecedent, warranting bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Vikash Kumar sought anticipatory bail after being implicated in an NDNDPS case where 5.58 kg of ganja was seized from a motorcycle and a co-accused named him. The prosecution’s case rested solely on the co-accused’s confessional statement, with no incriminating material recovered from the petitioner, who was neither the driver nor the owner of the vehicle and has a clean antecedent. The petitioner argued that these facts do not justify arrest. The court examined the nature of the accusation, the absence of direct evidence against the petitioner, and his clean record. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was subject to conditions laid down by the Exclusive Special Judge of the NDPS court in East Champaran.

Issues considered

  • Whether anticipatory bail can be granted when the accusation is based solely on a co-accused's confessional statement and no material is recovered from the petitioner.
  • Whether the petitioner’s clean antecedent and lack of ownership or control over the seized vehicle warrant bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS
  • confessional statement
  • clean antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4258 of 2026
                 Arising Out of PS. Case No.-262 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Vikash Kumar @ Vikesh Kumar S/O Narayan Rai R/O Vill.- Dostiya, P.s.-
                 Lakhaura, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Balgovind Sharma, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 8, 20(b)(ii)(C), 23(C),

                   25, 29 of the Narcotic Drugs and Psychotropic Substances Act.

                                 3. As per prosecution case, 5.580 kg Ganja was

                   recovered from the seized motorcycle. Co-accused Dharmendra

                   Rai was apprehended on the spot who disclosed the name of this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he has been made accused only

                   on the basis of confessional statement of the apprehended co-

                   accused. Petitioner is neither driver nor owner of the vehicle in

                   question. Petitioner has got no concern with the alleged
              Patna High Court CR. MISC. No.4258 of 2026(2) dt.19-02-2026
                                                          2/2




                        recovery and claims clean antecedent.

                                     5. Considering the nature of accusation and clean

                        antecedent, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Judge,

                        Court No. I, NDPS East Champaran, Motihari in connection

                        with Lakhaura P. S. Case No. 262 of 2025, subject to condition

                        as laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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