Created by Fuzzy Cloud

Patna High Court

Ajeet Kumar @ Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, four residents of Malsalami, Patna, sought anticipatory bail fearing arrest in a case (PS No. 144 of 2026) involving alleged possession of 154 litres of illicit liquor and 1.610 kg of ganja. They argued that the material was not recovered from their conscious possession and that the case was based solely on a confessional statement made by Jitendra while in police custody, which they claimed lacked evidentiary value. The State opposed the bail, emphasizing the seriousness of the offences under the Bihar Excise Act, NDPS Act, Bihar Narcotic Substances Act and Bengal Gambling Act, and warned that granting bail could enable the accused to abscond as the investigation was at an early stage. The Court examined the submissions and, noting the gravity of the alleged offences and the risk of flight, declined to extend anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bihar Excise Act, NDPS Act, Bihar Narcotic Substances Act and Bengal Gambling Act.

Legislation cited

Subjects

  • anticipatory bail
  • narcotics
  • excise offences
  • gambling
  • confessional statement
  • police custody
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44151 of 2026
                      Arising Out of PS. Case No.-144 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
           1.     Ajeet Kumar @ Ajit Kumar Son of Ashok Ray Resident of Village/Mohalla-
                  Bhaisani Tola, P.S. Malsalami, District - Patna
           2.    Chottu Kumar Chaurasiya @ Chotu Chaurisiya @ Neeraj Kumar @ Niraj
                 Son of Lakhi Prasad Resident of Village/Mohalla-Bhaisani Tola, P.S.
                 Malsalami, District - Patna
           3.    Anuj Kumar S/O Ashok Ray Son of Ashok Ray, resident of Village/ Mohalla
                 -Bhaisani Tola, P.S. Malsalami, District - Patna
           4.    Mahesh Kumar Son of Raj Kumar Pandit Resident of Mohalla-Simli
                 Sahadra, P.S. Malsalami, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026               1.    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in connection

                   with Malsalami PS Case No. 144 of 2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Excise Act and Sections

                   8, 20(B) IIB of NDPS Act and Section 112(2) and 318(4) of BNS and

                   Section 11 of Bengal Gambling Act.

                             3.    The defect as pointed out by the office is hereby

                   ignored.

                             4.    Learned counsel for the petitioner submits that

                   petitioner nos. 1 and 4 have antecedent of one case and petitioner
              Patna High Court CR. MISC. No.44151 of 2026(2) dt.09-07-2026
                                                          2/2




                        nos. 2 and 3 are persons with clean antecedent and allegation is of

                        recovery of 154 litres of liquor from a sack concealed in a garden

                        behind Shyam Sundar Palace along with 1.610 kg of ganja.

                                 5.     Learned counsel for the petitioners submits that the

                        petitioner were not arrested from the spot as such nothing was

                        recovered from their conscious possession and they came to be

                        implicated based on confessional statement of Jitendra in police

                        custody which does not have any evidentiary value.

                                 6.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner and submits that allegation is of

                        recovery of 1.610 kg of ganja also. It is also submitted that of late in

                        the State of Bihar dry intoxicants are creating havoc for young

                        children. It is further submitted that investigation of the case is in its

                        nascent stages and if privilege of anticipatory bail is granted to the

                        petitioner, the petitioner may abscond.

                                 7.     Considering the submission made by learned APP, the

                        Court is not inclined to extend the privilege of anticipatory bail to the

                        petitioners.

                                 8.     Accordingly, the prayer for anticipatory bail of the

                        petitioners is rejected.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.