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Patna High Court

Kehari SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner should not be arrested for six weeks pending verification of the vehicle sale and police investigation, and he may seek anticipatory or regular bail thereafter.

Summary

Kehri Singh, the petitioner, feared arrest in an NDPS case (Case No. 1077 of 2018) where 43 kg of ganja was recovered from a Bolero vehicle he owned. He asserted that the vehicle had been sold earlier to Ram Singh and therefore he should not be held liable. The court, after hearing counsel, directed the Superintendent of Police, Sasaram, to verify the sale within two weeks and ordered a police investigation to be completed within six weeks. The petitioner was instructed not to be arrested during this period and was given liberty to approach the lower court for anticipatory or regular bail after the police report. The bail application was consequently disposed of pending the verification and investigation.

Issues considered

  • Whether the petitioner can be arrested pending verification of the claim that the vehicle was sold prior to the seizure.
  • Whether anticipatory bail is appropriate in the circumstances of the NDPS offence.
  • Whether the police should be directed to verify the sale of the vehicle and investigate ownership.

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • vehicle ownership
  • police investigation
  • criminal procedure
  • seizure of narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52205 of 2025
                  Arising Out of PS. Case No.-1077 Year-2018 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Kehari Singh son of Late Lal Singh Resident Of Village- Nagla Khana Narai
                 PS -Sikandra Rao District -Hathras UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dr.Kamal Deo Sharma, Adv
                 For the Opposite Party/s :      Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sasaram Model P.S.Case No. 1077 of 2018 registered for

                   the offence under sections 20(b) (I) (ii) (c),27(a) of the NDPS

                   Act.

                                3. The petitioner is the owner of the vehicle in which

                   43 KG Ganja has been recovered.

                                4. Learned counsel for the petitioner submits that the

                   Bolero vehicle was earlier sold by the petitioner to one Ram

                   Singh son of Badri Prasad, resident of Ass dai Mai Nurpur,

                   thanumai, Ferojabad, Adhar No.7607329075008

                                5. In view of the above, this application is disposed

                   of with the liberty to the petitioner to approach the S.P, Sasaram
            Patna High Court CR. MISC. No.52205 of 2025(3) dt.20-02-2026
                                                        2/2




                      concerned with a representation and if the representation is filed

                      within two week from today, then the S.P, Sasaram, will direct

                      the I.O of the case to verify the factum of the sale of the Bolero

                      vehicle. In case it is found that the Bolero vehicle was sold to

                      Ram Singh by the petitioner then appropriate order shall be

                      passed by the S.P. Sasaram.

                                   6. The police will further investigate the matter within

                      six weeks from today and file a report. Till the next six weeks

                      the petitioner shall not be arrested. Thereafter, the petitioner will

                      given liberty to approach the court below for anticipatory bail/

                      regular bail, which will consider the report of the police about

                      the ownership of the vehicle in question.

                                   7. This bail application stands disposed of.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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