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Patna High Court

Ajay SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail could not be granted in the present circumstances.

Summary

The petitioner, Ajay Singh, filed an anticipatory bail application fearing arrest in a case registered under Sections 8 and 20(B)(ii)(B) of the NDPS Act. The prosecution alleged that a seizure of 12.11 kg of ganja was made from Ramesh Kumar Prasad, who purportedly identified the petitioner as the owner of the contraband. The petitioner contended that nothing was seized from his possession and that the allegation was based solely on the informant’s statement. The State argued that the FIR expressly named the petitioner as an accused under the same provisions. After considering the submissions, the Court declined to grant anticipatory bail, directing the petitioner to surrender within four weeks for trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the NDPS Act when the FIR alleges ownership of seized narcotics but no material has been recovered from his possession.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug seizure
  • ownership claim
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6322 of 2026
                        Arising Out of PS. Case No.-358 Year-2025 Thana- BIHIA District- Bhojpur
                 ======================================================
                 Ajay Singh S/o Late Mukhram Singh R/o Village- Makhdumpur, Police
                 Station- Bihiya, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   01-04-2026                    Heard Mr. Anil Kumar Singh, learned counsel for the

                   petitioner and the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bihiya P.S. Case No. 358 of 2025 for the offence registered

                   under sections 8, 20(B)(ii)(B) of NDPS Act.

                                3. As per the prosecution story, the informant alleged

                   that upon receiving information from DIAL 112, the patrolling

                   team apprehended Ramesh Kumar Prasad and recovered/ seized

                   12 kg 110 gram ganja. He informed that the petitioner is the

                   owner of the said seized item and it was to be served to Ritik

                   Singh. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his possession rather it has

                   been seized from Ramesh Kumar Prasad.
           Patna High Court CR. MISC. No.6322 of 2026(4) dt.01-04-2026
                                                       2/2




                                  5. Learned APP on the other hand has drawn attention

                     of this Court to paragraph 3 to show that the petitioner is an

                     accused in the same section of the NDPS Act. Further, the

                     allegation in the FIR is that the person from whom the seizure

                     has been made has named him.

                                  6. Taking into account the aforesaid submissions, this

                     Court is not inclined to extend him the privilege of anticipatory

                     bail.

                                  7. The anticipatory bail application stands rejected.

                                  8. However, if the petitioner surrenders within four

                     weeks from today, the Court concerned shall take up the matter

                     and dispose it of preferably on the same day.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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