Patna High Court

JamaluddinversusThe State of Bihar

Decided: 7 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is granted to the petitioner.

Summary

The petitioner, Jamaluddin, applied for anticipatory bail in a case under the NDPS Act where 12 grams of brown sugar were seized from a co-accused, Tabarak Ansari, who alleged that Jamaluddin had handed over the contraband. The prosecution’s case relied on the confessional statement of the arrested co-accused, while the petitioner argued he was merely a witness in a related FIR and had no criminal antecedents. The court noted the petitioner’s role as a chargesheet witness and the possibility of an oblique motive behind the co-accused’s statement. Considering these factors, the court was inclined to grant anticipatory bail. The application was allowed, directing that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the reliance on a co-accused’s confessional statement.
Whether the petitioner’s status as a chargesheet witness and lack of prior criminal record justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8

Subjects

anticipatory bail
NDPS Act
confessional statement
chargesheet witness
Section 482
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64424 of 2025
                   Arising Out of PS. Case No.-161 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Jamaluddin S/o Late Sukhari Miya R/o vill - Rampur, P.S.- Harpur, Distt.-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar No.III, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

7   07-04-2026                   Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Adapur Police Station Case No. 161 of 2025,

                   disclosing offences under Sections 8, 20(b)(ii)(B) of the

                   N.D.P.S. Act.

                                3. The prosecution case, as per the First Information

                   Report, is that on 06.05.2025 at about 04:30 P.M., the police, on

                   the basis of secret information, intercepted a motorcycle driven

                   by Tabarak Ansari and recovered 12 grams of Brown Sugar

                   from his possession. Upon inquiry made by the police, he stated

                   that the petitioner handed over the said brown sugar and he was

                   going to deliver the contraband to one Arman Ansari.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.64424 of 2025(7) dt.07-04-2026
                                            2/3




          petitioner has been made accused on the basis of confessional

          statement of the arrested co-accused from whose possession 12

          grams of brown sugar have been recovered. The petitioner had

          inimical terms with the arrested accused persons inasmuch as

          one Salina Khatun lodged an FIR bearing Harpur P.S. Case No.

          45 of 2025 on 22.03.2025, in which Tabarak Ansari was an

          accused. After investigation, police submitted a chargesheet on

          30.04.2025 against Tabarak Ansari, and in the witness column,

          the petitioner has been made a chargesheet witness. The arrested

          accused person, with oblique motive, has disclosed the name of

          the petitioner before the police. The petitioner is having no

          criminal antecedent.

                        5. Regards being had to the submissions made by

          the parties and taking into consideration the fact that in a case

          lodged against Tabark Ansari by one Salina Khatun, the

          petitioner is a chargesheet witness, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of his

          arrest or surrender before the Court below within four weeks, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.64424 of 2025(7) dt.07-04-2026
                                                       3/3




                     satisfaction of learned Exclusive Special Judge Court No.1,

                     NDPS Act, East Champaran, Motihari, in connection with

                     Adapur Police Station Case No. 161 of 2025, subject to the

                     condition laid down under Section 482 (2) of the Bharatiya

                     Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T

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