Patna High Court
Ravi Kumar @ Ranvir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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