Created by Fuzzy Cloud

Patna High Court

Ravi Kumar @ Ranvir KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered that the petitioner be granted anticipatory bail subject to the stipulated conditions.

Summary

Ravi Kumar applied for anticipatory bail fearing arrest in a Purnea police case under Sections 8(c) and 21(b) of the NDPS Act, where 11.05 grams of narcotic material was recovered from co‑accused Vishal Kumar. The petitioner claimed innocence, stating no contraband was found on him and that he was implicated only through the co‑accused’s statement, alleging harassment by the informant. The State opposed bail, citing a prior similar criminal antecedent. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act
  • Whether the petitioner’s prior criminal antecedent precludes bail
  • Whether mere implication through a co‑accused’s statement is sufficient grounds for arrest

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 8(c)
  • Section 21(b)
  • bail conditions
  • prior criminal antecedent
  • co‑accused statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5229 of 2026
                      Arising Out of PS. Case No.-5 Year-2025 Thana- JANKINAGAR District- Purnia
                 ======================================================
                 Ravi Kumar @ Ranvir Kumar Son of Bindeshwari Yadav @ Sipahi Yadav
                 Alias Kangujja R/o Village - Jankinagar Kari Mandal Tola, Hardeo
                 Asthan(Hardeo Baba Asthan) P.S. - Jankinagar, District - Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Singh, Adv.
                 For the Opposite Party/s :       Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and the learned

                   APP for the State.

                               2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending her arrest in connection with

                   Jankinagar P.S. Case no. 05 of 2025 instituted for the offence

                   under Sections 8(c), 21(b) of the N.D.P.S. Act.

                               3. The case of the prosecution in short is that from the

                   possession of co-accused namely, Vishal Kumar, altogether 11.05

                   grams of smack like material was recovered.

                              4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. He also

                   submits that nothing has been recovered from the possession of

                   this petitioner. The name of this petitioner has been disclosed by
           Patna High Court CR. MISC. No.5229 of 2026(2) dt.26-02-2026
                                                       2/2




                     co-accused Vishal Kumar. He further submits that save and except

                     the statement of co-accused, there is nothing against the petitioner.

                     He further submits that the antecedent of the petitioner is only

                     because the same informant has filed the case with a view to

                     harass the petitioner.

                                 5. In contra, learned APP appearing for the State has

                     opposed the prayer of bail of the petitioner and submits that the

                     petitioner is having criminal antecedent of one case of similar

                     nature.

                                  6. Having heard learned counsel for the parties and in

                     the facts and circumstances of the case as stated above, this Court

                     is inclined to enlarge the petitioner on bail. The petitioner is

                     directed to surrender in the Court below within a period of four

                     weeks from today and in the event of his arrest or surrender in

                     connection with Jankinagar P.S. Case No. 05 of 2025, he will be

                     enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                     ten thousand) with two sureties of the like amount each to the

                     satisfaction of learned Sessions Judge-cum-Special Judge,

                     N.D.P.S. Act, Purnea subject to the conditions as laid down under

                     section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.