Patna High Court
Chunchun Kumar Sah @ Chunchun SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Chunchun Kumar Sah, sought anticipatory bail after being implicated in offences under the NDPS Act, Bihar Prohibition and Excise (Amendment) Act, and the Arms Act. The allegations stemmed from a co-accused's confessional statement linking the petitioner to the supply of a gun used in a shooting, and a police raid that recovered 500 grams of ganja, liquor, cash and cartridges from the petitioner’s house. The petitioner argued that the confessional statement lacks evidentiary value and that the raid was conducted in his absence, claiming false implication. The State opposed bail, highlighting the seizure of narcotics and arms, the petitioner’s prior case, and the risk of absconding. The court, after considering the submissions, declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under the NDPS Act, Bihar Prohibition and Excise (Amendment) Act and the Arms Act
- Whether a confessional statement of a co-accused can be relied upon to deny anticipatory bail
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 8
Subjects
- anticipatory bail
- NDPS Act
- Arms Act
- Bihar Prohibition and Excise Act
- confessional statement
- false implication
- seizure of narcotics
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75485 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Chunchun Kumar Sah @ Chunchun Sah Son of Ram Pukar Sah R/o Vill. -
Sahebpur - Kamal, P.S. - Sahebpur Kamal, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 8, 20(b),
(ii)(b) of the Narcotics Drugs and Psychotropic Substances Act,
1985, Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022 as well as Sections 25(1-b), 26 and 35
of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on secret information Alok Kumar was arrested and he
disclosed that petitioner gave him gun and from the gun, Alok
Kumar fired at his brother. Further, he also disclosed that
petitioner and his wife indulged in the business of liquor and
Patna High Court CR. MISC. No.75485 of 2025(3) dt.07-01-2026
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Ganja, accordingly, the house of the petitioner was raided and
his wife was apprehended and from the house 500 gms. Ganja
along with four litres of liquor and other articles were recovered
including two empty cartridges and cash of Rs.9,500/-.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that name of
the petitioner transpired in the confessional statement of Alok
Kumar in police custody which does not have any evidentiary
value in the eye of law. It is next submitted that even the house
of the petitioner was raided in his absence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for anticipatory bail of the petitioner and submits that
no doubt, the name of the petitioner transpired in the
confessional statement of Alok Kumar but then based on the
said disclosure, the house of the petitioner was raided and his
wife was apprehended and during search from the house 500
gms. of Ganja along with liquor, cash and empty cartridges were
recovered. It is further submitted that petitioner has antecedent
of one case and in the event if the privilege of anticipatory bail
is granted to the petitioner, the petitioner may abscond.
Patna High Court CR. MISC. No.75485 of 2025(3) dt.07-01-2026
3/3
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Sahebpur Kamal P.S. Case No. 188 of 2025 pending in the
Court of learned Principal District & Session’s Judge,
Begusarai/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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