Patna High Court
Anoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner, subject to conditions, finding the procedural lapse and lack of antecedent sufficient to justify release.
Summary
Anoj Kumar was arrested in connection with a case under the NDPS Act after 905 kilograms of hemp were recovered from his pickup van. He contended that he was merely the owner of the vehicle, which had been handed over to the driver and khalasi, and that he had no involvement with the seized narcotics. The petitioner also argued that the seizure list was prepared in violation of Section 50 of the NDPS Act and that the police officials themselves were witnesses to the seizure. The State opposed bail, emphasizing the large quantity of narcotic recovered and the possibility of the petitioner’s participation. Considering the petitioner’s lack of prior criminal record, the alleged procedural lapse under Section 50, and the length of his pre‑trial custody, the Court was inclined to grant bail. Accordingly, the Court ordered his release on bail with a bond of Rs. 10,000 and specific conditions.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving a large quantity of hemp.
- Whether a violation of Section 50 of the NDPS Act regarding the seizure list warrants bail.
- Whether the accused’s ownership of the vehicle, without direct control over the seized narcotics, negates culpability.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 50
Subjects
- bail
- NDPS Act
- Section 50 violation
- seizure procedure
- large quantity narcotics
- pre‑trial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78131 of 2025
Arising Out of PS. Case No.-489 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Anoj Kumar S/O Bhushan Rai @ Shashi Bhushan Prasad R/O Vill.-
Madhopur, Abu Mohamadpur, P.s. - Bakhtiyarpur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s : Mr.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Bakhtiyarpur P.S. Case No. 489 of 2024 for the offence
punishable under sections 20/22 of the NDPSD Act, lodged on
19.08.2024 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that altogether 905 Kilograms of hemp (Bhang)
was recovered from the pickup van of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner, being the owner of the said pickup van from where
905 Kilograms of hemp (Bhang), Psychotropic substance is said
to have been recovered, has got no concerned with the seized
materials. The said pickup van was given to the driver and the
khalasi who are said to have fled away from the spot and the
Patna High Court CR. MISC. No.78131 of 2025(4) dt.19-03-2026
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police on the basis of information collected with regard to
ownership, the house of the petitioner was raided and the
petitioner was arrested. It has next been submitted that while
preparing the sizure list there is a violation of Section 50 of the
NDPS Act, and the police officials are the witnesses to the said
seizure. It has lasly been submitted that the petitioner is under
judicial custody since 01.09.2025 having no criminal
antecedent.
5. Learned APP vehemently opposes the prayer for
bail by submitting that a huge quantity of hemp (Bhang),
Psychotropic substance has been recovered from the pickup van
of the petitioner and his role in the said incident cannot be ruled
out, therefore, he does not deserve the privilege of bail.
6. Considering the period of custody of the petitioner
who has remained in custody since 01.09.2025 having no
criminal antecedent and the fact that there is a violation of
Section 50 of the NDPS Act, and the police officials are the
witnesses to the said seizure, this Court is inclined to extend him
the privilege of bail.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.78131 of 2025(4) dt.19-03-2026
3/3
Special Judge, Excise, Barh, Patna in connection with
aforesaid PS Case, subject to the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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