Patna High Court
Rakesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not fit for such relief under the NDPS Act.
Summary
The petitioner, Rakesk Singh, applied for anticipatory bail in a case registered under Sections 8(c), 20(b)(ii)(c) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that he was falsely implicated in a ganja business. The State opposed the bail, citing a self‑inculpatory statement from the person from whom ganja was recovered, implicating the petitioner. The learned counsel for the petitioner claimed innocence and a clean antecedent. The Court examined the seriousness of the allegations under the NDPS Act and found the case unsuitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender within two weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the allegations and the self‑inculpatory statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 22, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- illegal ganja
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44891 of 2025
Arising Out of PS. Case No.-215 Year-2024 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rakesh Singh S/o Nand Kishor Singh Village- Fulwar ,P.S.- Pakaridayal
,District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Binod Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Pakridayal P.S. Case No. 215 of 2024 instituted under
Sections 8(c), 20(b)(ii)(c), 22 of the N.D.P.S. Act.
3. As per the prosecution case, petitioner is involved
in business of illegal substance like ganja.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that after
recovery of the ganja, the person from whom the recovery has
been made has given a self-inculpatory statement that the
Patna High Court CR. MISC. No.44891 of 2025(6) dt.23-02-2026
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petitioner was involved in the business of ganja.
6. Considering the allegations levelled against the
petitioner, 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 two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, East Champaran will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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