Patna High Court

Golu Kumar @ Sudhanshu KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail was granted to the petitioner subject to bail bonds and conditions under Section 482(2) of the BNSS, 2023.

Summary

Golu Kumar, a 24‑year‑old with no prior record, was implicated in a Narcotic Drugs and Psychotropic Substances (NDPS) case after a co‑accused, Rajesh Kumar, was caught with 2 kg of ganja and alleged that the contraband was to be delivered to Golu. The petitioner claimed he had no connection with the co‑accused or the motorcycle, was not present at the scene, and that the quantity did not constitute a commercial amount. He sought anticipatory bail, asserting innocence and willingness to cooperate with the investigation. The State opposed the bail, relying on the NDPS provisions under Sections 8(C), 20(b)(ii)(b) and 29. The Court, after considering the facts and the parties’ submissions, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the NDPS Act and Section 482(2) of the BNSS, 2023 despite the alleged involvement in a drug possession case.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(b), 29, 8(C)

Subjects

NDPS Act
anticipatory bail
Section 482
BNSS 2023
drug possession
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81588 of 2025
                     Arising Out of PS. Case No.-261 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Golu Kumar @ Sudhanshu Kumar S/O Pappu Singh R/O Village- Kevta, P.S-
                 Chautham, Distt.- Khagaria.
                                                                    ... ... Petitioner/s
                                              Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandrasen Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Choutham (Beldour) P.S. Case No. 261 of 2025, instituted

                   under Sections 8(C)/20(b)(ii)(b)/29 of the NDPS Act.

                                3. As per the prosecution case, on getting secret

                   information that a person riding on a motorcycle has kept Ganja

                   in his dickey, police team arrested him who disclosed his name

                   as Rajesh Kumar. On search of dickey of motorcycle, 2kg Ganja

                   was recovered. The apprehended person disclosed that the said

                   contraband was received from Krishna Mohan Yadav and was to

                   be delivered to Golu Kumar (Petitioner).

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this
            Patna High Court CR. MISC. No.81588 of 2025(2) dt.08-01-2026
                                                        2/2




                      case on the disclosure statement of co-accused Rajesh Kumar.

                      Petitioner is a young boy aged about 24 year having no criminal

                      antecedent. Petitioner has no concern either with the co-accused

                      Rajesh Kumar or with the motorcycle used in the occurrence.

                      Petitioner was not present on the spot. The recovered Ganja

                      does not come under the commercial quantity. Petitioner

                      undertakes to co-operate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the

                      case and submission of learned counsel for the parties, in the

                      event of arrest or surrender before the Court below within six

                      weeks from today, the petitioner be released on bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Judge (N.D.P.S.) Act cum Sessions Judge at Khagaria

                      (Bihar) in connection with Chautham (Beldaur) P.S. Case No.

                      261 of 2025, subject to the conditions laid down in Section 482

                      (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T

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