Patna High Court
Kuddus @ Md. KuddusversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as the only evidence was a co‑accused’s confession and no incriminating article was found on him.
Summary
The petitioner, Kuddus, was implicated in a case under Sections 8(c) and 21(b) of the NDPS Act based solely on the confessional statement of co‑accused Md. Javed, who was seized with 195.48 g of smack. No incriminating article was recovered from the petitioner and he asserted a clean antecedent. The petitioner applied for anticipatory bail, which the State opposed. The Court examined the lack of material evidence against the petitioner, his clean record, and the statutory provision under Section 482(2) of the CrPC. Finding no substantive basis to detain him, the Court granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the petitioner is a co‑accused’s confessional statement and no contraband has been recovered from him.
- Whether the petitioner’s clean antecedents and the absence of material evidence justify bail under Section 482(2) of the Code of Criminal Procedure.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- clean antecedents
- Section 482 CrPC
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7861 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- JOGBANI District- Araria
======================================================
Kuddus @ Md. Kuddus Son of Hasim R/O Village - Bhatta Bathnaha, P.S.-
Bathnaha, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 8(c) and
21(b) of the N.D.P.S. Act.
3. As per prosecution case, one Md. Javed was
apprehended with 195.48 grams of smack and he disclosed the
name of this petitioner as his associate.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.7861 of 2026(2) dt.20-02-2026
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this case only on the basis of confessional statement of co-
accused Md. Javed who was apprehended with illegal
contraband. Save and except confessional statement, there is no
material on record to show the complicity of this petitioner in
the alleged offence. No incriminating article has been recovered
from possession of this petitioner. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and clean antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 Principal District and
Sessions Judge, Araria in connection with Jogbani P.S. Case No.
Patna High Court CR. MISC. No.7861 of 2026(2) dt.20-02-2026
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95 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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