Created by Fuzzy Cloud

Patna High Court

Jayant GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.