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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the Court was not inclined to grant such privilege in view of the possession of narcotic substance.

Summary

The petitioner, Chandan Kumar, sought anticipatory bail after a 1 kg quantity of ganja was recovered from his general store in Barachatti, Gaya, in connection with a case registered under Sections 8 and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He claimed innocence, asserted a clean antecedent, and argued that his name only surfaced during investigation. The State, represented by an Assistant Public Prosecutor, contended that the petitioner was involved in the ganja business and opposed the bail application. The Court examined the material fact that the narcotic substance was found in the petitioner’s possession and, applying the stringent provisions of the NDPS Act, concluded that granting anticipatory bail would be inappropriate. Consequently, the Court rejected the anticipatory bail plea and ordered the petitioner to surrender within four weeks, failing which police would be directed to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 8 and 20(b)(ii) of the NDPS Act given the recovery of 1 kg of ganja from his possession.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • possession of ganja
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82183 of 2025
                      Arising Out of PS. Case No.-31 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Chandan Kumar Son of Saryu Prasad Gupta Resident of Village - Bhalua
                 Chatti, P.S.- Barachatti, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Murad Ashraf, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Barachatti P.S. Case No. 31 of 2025, registered for the

                   offence under Sections 8, 20 (b) (ii) of the N.D.P.S. Act.

                                3. There is recovery of 1 Kg. of ganja from the

                   General Store of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner has clean antecedent. The name of the petitioner

                   surfaced in this case during investigation.

                                5. Learned A.P.P. has vehemently opposed the prayer

                   for bail and submits that petitioner is involved in the business of

                   Ganja.

                                6. Considering the fact that the Ganja was recovered
            Patna High Court CR. MISC. No.82183 of 2025(3) dt.24-02-2026
                                                        2/2




                      from the possession of the petitioner, this Court is not inclined

                      to grant privilege of anticipatory bail to the petitioner.

                                   7. Accordingly, the prayer for grant of anticipatory

                      bail to the petitioner is hereby rejected.

                                   8. The petitioner is directed to surrender within four

                      weeks from today, failing which the Senior Superintendent of

                      Police, Gaya will take all steps for his arrest.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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