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Patna High Court

Rakesh SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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