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Patna High Court

Santosh Kumar @ Santosh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Santosh Kumar, sought anticipatory bail in a case registered under Sections 8(c), 21(b) and 29 of the NDPS Act for alleged possession of 57.53 grams of cannabis resin. He argued that he was not arrested at the spot and that the only evidence against him was a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent record of four cases, including a prior NDPS offence, and contended that granting bail could enable him to abscond or tamper with evidence. The Court examined the submissions and, considering the seriousness of the offence and the petitioner’s criminal history, declined to extend anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the NDPS Act given his prior criminal record and the nature of the alleged offence?

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug offence
  • bail jurisprudence
  • criminal antecedent
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82367 of 2025
                    Arising Out of PS. Case No.-471 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Santosh Kumar @ Santosh Chaudhary S/o Baiju Chaudhary R/o
                 Pachmohalla, P.S. and District- Jehanabad
                                                                   ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kunwar Digvijay Singh, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 8(c), 21(b)

                   and 29 of the NDPS Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases. It is further submitted

                   that no doubt, the allegation is of recovery of 57.53 grams of

                   smack but then petitioner was not arrested from the spot and his

                   name transpired in the confessional statement of apprehended

                   accused in police custody which does not have any evidentiary

                   value in the eye of law.

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

                   anticipatory bail of the petitioner and submits that petitioner has

                   antecedent of four cases out of which one case is under the
           Patna High Court CR. MISC. No.82367 of 2025(2) dt.17-02-2026
                                                       2/2




                     NDPS Act, as such, the instant case is the second offence. It is

                     further submitted that if the privilege of anticipatory bail is

                     granted to the petitioner, the petitioner may abscond or try to

                     tamper with the evidence.

                                  5. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to extend the

                     privilege of anticipatory bail to the petitioner in connection with

                     Jehanabad P.S. Case No. 471 of 2025 pending in the Court of

                     learned Principal District Judge, Jehanabad/Successor Court.

                                  6. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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