Patna High Court
Jitu Kumar @ Shaka @ Jitu PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
The petitioner, Jitu Kumar, sought anticipatory bail fearing arrest in a Shahpur police case (No. 142 of 2025) involving alleged offences under Sections 8(c) and 21(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that two persons were arrested with 'smack' and the petitioner’s name appeared in the co‑accused’s statement, indicating his involvement in the drug business. The petitioner contended that he was falsely implicated, although he has three prior convictions under the NDPS Act. The court, after hearing counsel, found the allegations sufficient to deny anticipatory bail. Consequently, the anticipatory bail application was dismissed and the petitioner was ordered to surrender within two weeks for regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the allegations and his prior convictions
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- Section 8(c)
- Section 21(a)
- prior convictions
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64603 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- SAHPUR District- Patna
======================================================
Jitu Kumar @ Shaka @ Jitu Prasad S/o- Kanhai Ram R/o- Mubarakpur Krishi
Farm Ps- Shahpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhimanyu Deo, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in connection
with Shahpur P. S. Case No. 142 of 2025 dated 22.03.2025 for
the offences punishable under Sections 8(c) and 21(a) of the
N.D.P.S Act.
3. As per the prosecution case, two persons were
arrested with smack. The petitioner’s name has come in the
statement of the co-accused and he was also involved in the
business of smack.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner has three criminal
antecedents which are related to N.D.P.S. Act as stated in Pra. 3
Patna High Court CR. MISC. No.64603 of 2025(4) dt.21-01-2026
2/2
of the bail petition.
5. Considering the allegation, this court is not inclined
to grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory bail is
dismissed.
7. The petitioner is directed to surrender in the Court
below within two 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.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance.
(Sandeep Kumar, J)
atul/-
U T
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