Patna High Court
Phulo Singh @ Krishnadev SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted where narcotic substances have been recovered from the petitioner’s premises.
Summary
The petitioners, Phulo Singh and his son Amardeep Kumar, filed an anticipatory bail application under the NDPS Act. During the proceedings Phulo Singh was arrested, and the court allowed his petition to be withdrawn. The remaining petitioner, Amardeep Kumar, feared arrest in a case involving alleged offences under Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution presented evidence that 39 litres of codeine phosphate and tripolidine HCl syrup were recovered from Amardeep's house. Considering the seizure of narcotics from his premises, the court rejected his anticipatory bail plea and dismissed the petition.
Issues considered
- Whether anticipatory bail can be granted to a person when narcotic substances have been recovered from his residence under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- narcotic seizure
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83984 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Phulo Singh @ Krishnadev Singh S/o Late Upendra Singh R/o Village-
Pansalwa, P.S.- Beldaur, Distt- Khagaria
2. Amardeep Kumar @ Lalu Kumar S/o Phulo Singh @ Krishnadev Singh R/o
Vill- Pansalwa, P.S.- Beldaur, Distt- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Maharaj
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 At the outset, learned counsel for the petitioners
submits that during pendency of this case, petitioner no. 1
namely Phulo Singh @ Krishnadev Singh has been arrested and
as such, he seeks permission to withdraw this petition in respect
of petitioner no. 1.
2. Permission is granted.
3. The petition, in respect of petitioner no. 1, stands
dismissed as withdrawn.
4. Heard learned counsel for the petitioner (Amardeep
Kumar @ Lalu Kumar ) and learned A.P.P. for the State.
5.Sole petitioner apprehends arrest in a case registered
for the offence punishable under Sections 8, 20(b)(ii)(c) of the
N.D.P.S. Act.
Patna High Court CR. MISC. No.83984 of 2025(2) dt.06-01-2026
2/2
6. As per the prosecution case, there is recovery of
codeine phosphate and tripolidine HCL Syrup of 39 liters from
the house of petitioner.
7. Considering the fact that recovery has been effected
from the house of this petitioner, the prayer for anticipatory bail
of petitioner (Amardeep Kumar @ Lalu Kumar) is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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