Patna High Court
Abhishek Kumar @ Abhishek @ LiliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail, holding that the allegations based solely on the co‑accused’s confession did not warrant denial of bail.
Summary
The petitioner, Abhishek Kumar, was implicated in a case under Sections 8(c) and 21(a) of the Narcotic Drugs and Psychotropic Substances Act based on the confession of co‑accused Prakand Kumar, who claimed the petitioner supplied 2.25 g of smack. No narcotic article was recovered from the petitioner’s possession and he asserted a clean antecedent. He applied for anticipatory bail, arguing that the sole reliance on the co‑accused’s confession was insufficient to justify his arrest. The State opposed the bail. The High Court, considering the nature of the accusation, the lack of material evidence against the petitioner and his clean record, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is the confession of a co‑accused.
- Whether the petitioner’s clean antecedent and lack of seized contraband justify the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the enlargement of bail in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- confession of co‑accused
- clean antecedent
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73082 of 2025
Arising Out of PS. Case No.-1155 Year-2024 Thana- BIHTA District- Patna
======================================================
Abhishek Kumar @ Abhishek @ Lili S/o Late Raj Kumar Resident of Village
- Smasthu Asthan, P.S - Bihta, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 8(c) and 21(a) of the
Narcotic Drugs and Psychotropic Substances Act.
3. As per prosecution case, 2.25 grams of smack was
recovered from possession of co-accused Prakand Kumar who
disclosed that this petitioner used to supply the same.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on the basis of
confessional statement of co-accused Prakand Kumar. Petitioner
claims clean antecedents.
Patna High Court CR. MISC. No.73082 of 2025(2) dt.05-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions
Judge/Special Judge (N.D.P.S.), Patna in connection with Bihta
P.S. Case No. 1155 of 2024, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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