Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Chandan Kumar, was the driver of a Bolero vehicle from which 84 kg of ganja was seized, leading to charges under Sections 8, 20, 22, 25 and 29 of the NDPS Act. He applied for anticipatory bail, claiming he had no knowledge of the contraband and was falsely implicated, though he has one prior criminal record. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s alleged involvement. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the allegations sufficient to deny relief. The court dismissed the application and ordered the petitioner to surrender within four weeks to seek regular bail, warning of arrest if he fails to comply.
Issues considered
- Whether anticipatory bail should be granted to the driver of a vehicle in which a large quantity of narcotics was seized under the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 25, 29, 8
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- driver liability
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64601 of 2025
Arising Out of PS. Case No.-266 Year-2019 Thana- NADI P.S. District- Patna
======================================================
Chandan Kumar S/O Sugan Ray R/O Village- Budhra, Bakhtiyarpur, P.S-
Athmalgola, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Nadi P.S. Case No. 266 of 2019 instituted under Sections
8, 20, 22, 25 and 29 of N.D.P.S. Act.
3. As per the prosecution case, 84 kg of ganja was
recovered from a Bolero vehicle which the petitioner was
driving.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Petitioner has no knowledge about the contraband in the
vehicle as he was only the driver of the said vehicle. Petitioner
has one criminal antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.64601 of 2025(6) dt.10-03-2026
2/2
for anticipatory bail of the petitioner
6. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant anticipatory bail to
the petitioner.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Patna will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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