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Patna High Court

Abhishek Kumar @ Abhishek @ LiliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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