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Patna High Court

Arbind PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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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