Patna High Court

Ram Kumar Poddar @ Ram KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioner’s possession of narcotics and prior criminal antecedents warranted custody.

Summary

Ram Kumar Poddar sought anticipatory bail after an FIR recorded that 12.32 grams of smack was recovered from his possession and he had two prior criminal antecedents. The case was registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner argued that he feared arrest and therefore applied for anticipatory bail. The Court examined the nature of the offence, the quantity of narcotics involved and the petitioner’s criminal history. Considering the seriousness of the offence and the antecedents, the Court rejected the prayer for anticipatory bail. Consequently, the petitioner’s application for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act given the possession of 12.32 grams of smack and his prior criminal antecedents?

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)

Subjects

anticipatory bail
NDPS Act
narcotics
criminal antecedent
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5516 of 2026
                     Arising Out of PS. Case No.-172 Year-2025 Thana- PHULWARIA District- Begusarai
                  ======================================================
                  Ram Kumar Poddar @ Ram Kumar S/o Shiv Shankar Poddar @ Shankar
                  Poddar R/o Village - Sokahara 10, Barauni Nagar Parisad, Ward No. 16,
                  Jagdamba Asthan, P.S - Phulwaria, District - Begusarai
                                                                                ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Manoj Kumar Singh
                  For the Opposite Party/s :       Mr.Md. Ataur Rahman
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    04-02-2026                    Heard learned counsel for the petitioner and learned

                    A.P.P for the State.

                                 2. The petitioner apprehends his arrest in a case,

                    registered for offence punishable under Sections 8(c) & 21(b) of

                    the NDPS Act.

                                 3. As per F.I.R., 12.32 grams of Smack has been

                    recovered from possession of this petitioner and petitioner has

                    got two criminal antecedent.

                                 4. Considering the same, the prayer for anticipatory

                    bail of petitioner is rejected.



                                                    (Prabhat Kumar Singh, J)
anay/-

U        T

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