Patna High Court
Bishwanath SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Bishwanath Singh, sought anticipatory bail in a case (PS Case No. 715 of 2021) where 44.10 kg of ganja was seized from a co-accused. The prosecution alleged that the petitioner financed the drug offence, citing a self‑inculpatory statement of the co‑accused. The petitioner claimed a clean antecedent and argued that the allegations were unsubstantiated. The State opposed the bail, asserting that the petitioner was involved in the illegal drug business. The Court held that the circumstances did not warrant anticipatory bail, dismissed the application, and ordered the petitioner to surrender within four weeks to apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 8 and 20(b)(ii)(c) of the NDPS Act in view of the alleged involvement in financing the drug offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- illegal drug offence
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44655 of 2025
Arising Out of PS. Case No.-715 Year-2021 Thana- JAHANABAD District- Jehanabad
======================================================
Bishwanath Singh S/o Late Kripal Singh, R/o village_ Kalpa, P.S._
Jehanabad, District_ Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Jehanabad P.S. Case No. 715 of 2021 instituted under
Sections 8/ 20(b)(ii)(c) of the N.D.P.S. Act.
3. As per the prosecution case, 44.10 kg of ganja was
recovered from one Amit Kumar.
4. Learned counsel for the petitioner submits that the
name of the petitioner has come in the self-inculpatory
statement of the co-accused that the petitioner used to finance
the entire crime. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that the
petitioner is involved in business of illegal substance.
Patna High Court CR. MISC. No.44655 of 2025(6) dt.19-02-2026
2/2
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Jehanabad will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Jehanabad through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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