Patna High Court
Arbind PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Arbind Paswan, sought anticipatory bail in a case (PS Case No. 110 of 2025) alleging offences under Sections 8(c) and 21(b) of the NDPS Act, where 15.14 grams of heroin (smack) was reportedly recovered from a co-accused who named the petitioner. The petitioner asserted his innocence, lack of prior criminal record, and absence of any contraband in his possession, contending that he was falsely implicated. The State opposed the bail, arguing that the petitioner was part of an illegal drug business and therefore should not be released on anticipatory bail. The Court, after considering the nature and gravity of the alleged offence and the surrounding circumstances, declined to grant anticipatory bail. However, the Court directed that if the petitioner surrenders within six weeks and applies for regular bail, the application will be considered on its merits without prejudice from this order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the alleged involvement in drug offences
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- drug offence
- bail petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78104 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Arbind Paswan Son of Kapildeo Paswan Resident of Village- Chausa
Paschymi, Ward No. 8, P.S.- Chausa and District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard Mr. Dinesh Prasad Verma, learned counsel
for the petitioner and Mr. Nityanand Tiwari, learned APP for the
State.
2. The petitioner apprehends his arrest in connection
with Udakishunganj Excise P.S. Case No. 110 of 2025
instituted for the offences under Sections 8(c), 21(b) of the
NDPS Act.
3. Prosecution allegation, in short, is that total 15.14
grams of smack has been recovered in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no criminal antecedent.
There is no allegation of tampering of witnesses alleged against
Patna High Court CR. MISC. No.78104 of 2025(3) dt.09-02-2026
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the petitioner. No incriminating article has been recovered from
the conscious possession of the petitioner. Learned counsel
further submitted that the recovery of the contraband has been
made from the co-accused who disclosed the name of the
petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
the accused persons including the petitioner is involved in the
illegal business of smack and therefore, he does not deserve to
be released on anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case as also the nature and gravity of offence, this Court
is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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