Patna High Court

Munna PrasadversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail cannot be granted where the offence under Sections 8(c) and 21(a) of the NDPS Act is serious and the petitioner has a prior criminal antecedent.

Summary

Munna Prasad, a resident of Dhangai village in Rohtas district, feared arrest after a FIR was lodged alleging that 51 grams of heroin were recovered from his house. The FIR also noted that he has a prior criminal antecedent. He applied for anticipatory bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, specifically invoking Sections 8(c) and 21(a). The court examined the seriousness of the offence and the petitioner’s past record. Considering the nature of the drug offence and the antecedent, the court rejected the prayer for anticipatory bail. Consequently, the petitioner’s application for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Sections 8(c) and 21(a) of the NDPS Act given the seriousness of the offence and his prior criminal antecedent?

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 8(c)

Subjects

NDPS Act
anticipatory bail
heroin
criminal antecedent
bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7938 of 2026
                        Arising Out of PS. Case No.-645 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                    ======================================================
                    Munna Prasad son of Munilal Singh Resident Of Village- Dhangai, Ward No
                    10 Ps -Bikramganj Distt -Rohtas

                                                                                     ... ... Petitioner/s
                                                          Versus
                    The State of Bihar

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Vikash Kumar
                    For the Opposite Party/s :       Mr.Dilip Kumar No. 1
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      20-02-2026                  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 offence punishable under Sections 8(c) & 21(a) of

                      the NDPS Act.

                                   3. As per F.I.R., 51 gram of Heroin was recovered

                      from the house of this petitioner. Apart from that, petitioner has

                      got one criminal antecedent.

                                   4. Considering the same, the prayer for anticipatory

                      bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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