Patna High Court
Anil PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner notwithstanding the antecedent.
Summary
The petitioner, Anil Prasad, was arrested in connection with a case registered under the NDPS Act for alleged recovery of an opium plant from his land, facing charges under Sections 8(b), 8(c), 18, 29 and 46. He had previously been granted bail in 2021 on the condition that his antecedents be verified, but it was later discovered that he had one prior antecedent. The petitioner filed a fresh bail application, claiming that the antecedent should not preclude bail. The court considered the nature of the offences, the petitioner’s custody since 18‑08‑2025, and the fact that the antecedent was minimal. Finding no compelling reason to deny bail, the court allowed the application, directing release on a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Sessions Judge‑c‑m‑Special Judge, NDPS, Patna.
Issues considered
- Whether bail can be granted to a person accused under Sections 8(b), 8(c), 18, 29 and 46 of the NDPS Act despite having a prior antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 29, 46, 8(b), 8(c)
Subjects
- bail
- NDPS Act
- opium plant
- antecedent
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79838 of 2025
Arising Out of PS. Case No.-137 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Anil Prasad Son of Late Hari Mahto Resident of Village - Jagdishpur, P.S.-
Bakhtiyarpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner for grant of bail in connection with
Bakhitiyarpur P.S. Case No. 137 of 2024 registered for the
offence punishable under Sections 8(b), 8(c), 18, 29 and 46 of
the NDPS Act.
3. As per the prosecution case, there is recovery of
Opium Plant from the land of the petitioner.
4. Earlier, this Court vide order dated 10.09.2021
passed in Cr. Misc. No. 64091 of 2025 has granted bail to this
petitioner subject to the condition that the trial Court shall verify
his antecedent as it has been stated in the bail petition that the
petitioner has clean antecedent. However, subsequently, the
learned counsel for the petitioner submits that the petitioner has
Patna High Court CR. MISC. No.79838 of 2025(2) dt.09-01-2026
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one antecedent and therefore, he has filed the present bail
petition to grant of bail in view of the aforesaid fact.
5. The petitioner is in custody since 18.08.2025.
6. Considering the facts and circumstances of the
case, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS, Patna/ concerned
Court in Bakhtiyarpur P.S.Case No.137 of 2024.
(Sandeep Kumar, J)
P. Kumar
U T
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