Patna High Court
Raja Kumar @ Raja Babu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied anticipatory bail to the petitioner.
Summary
Raja Kumar sought anticipatory bail after the police registered a case (PS No. 197 of 2025) alleging his involvement in the supply of 3 kg of ganja, recovered from Vikas Kumar who identified the petitioner as the supplier. The offenses alleged were under Sections 20(b)(ii)(B) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court examined the prosecution's material and the seriousness of the alleged drug offence. Finding the allegations sufficient, the Court declined to grant anticipatory bail, directing the petitioner to surrender within two weeks and apply for regular bail, failing which the police may arrest him. The order is limited to the present application and does not prejudice any later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged supply of narcotic drugs under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 25
Subjects
- anticipatory bail
- NDPS Act
- drug offence
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72883 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Raja Kumar @ Raja Babu Kumar S/O HarishChandra Mandal R/O Village-
Gurhanwa, P.S.-KundwaChainpur, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kundwachainpur P.S. Case No. 197 of 2025 registered for
offences under Sections 20(b)(ii)(B), 25 of the NDPS Act.
3. As per the prosecution case, there is recovery of 3
Kg of Ganja from one Vikas Kumar who has named the
petitioner as the person who has handed over the Ganja to Vikas
Kumar.
4. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant the anticipatory bail
to the petitioner.
5. Accordingly, the application for anticipatory bail
Patna High Court CR. MISC. No.72883 of 2025(3) dt.21-01-2026
2/2
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
East Champaran will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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