Patna High Court
Jayant GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted due to the substantial quantity of narcotics seized.
Summary
The petitioner, Jayant Gupta, applied for anticipatory bail fearing arrest in a case registered under Sections 8, 17(b), 18(b), 27(a), 29, 31 and 61 of the NDPS Act and Section 111(2) of the Bihar Narcotic Substances Act. The prosecution alleged that a seizure of 2.17 kg of ganja was made in connection with the case. The petitioner argued that anticipatory bail was necessary to avoid unlawful detention. The Court examined the seriousness of the offence and the substantial quantity of narcotics recovered. Considering the quantum of the seizure, the Court held that granting anticipatory bail would be inappropriate. Consequently, the application for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted in a case involving seizure of 2.17 kg of ganja under the NDPS Act and Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(b), 18(b), 27(a), 29, 31, 61, 8
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80749 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Jayant Gupta son of Shambhu Gupta @ Mukhiya Ji Resident of village-
Jitora, Ps- Madhuban, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Chakia P.S. Case No. 459 of 2025 registered for
the offence unde Sections 8, 17(b), 18(b), 27(a), 29, 31, 61 of
the NDPS Act and under Section 111(2) of the BNS.
3. As per the prosecution case, the recovery is of
2.17 kg of Ganja.
4. Considering the quantum of recovery of Ganja,
this Court is not inclined to grant anticipatory bail to the
petitioner.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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