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Patna High Court

Bishwanath SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
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                                     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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