Patna High Court
Rajesh Bhagat @ Rajesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioners, Rajesh Bhagat and Awadhesh Bhagat, applied for anticipatory bail in a case where police recovered 107 kg of ganja from a bush on the basis of a secret informant's tip. The petitioners claimed they have clean antecedents, were not present at the scene, and were falsely implicated by the informant. The State opposed the bail, arguing that the investigation is ongoing and the petitioners might abscond or tamper with evidence. The court examined the seriousness of the offence under the NDPS Act and the risk of interference with the investigation. Finding the allegations credible and the possibility of tampering, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the NDPS Act for alleged possession of 107 kg of ganja
- Whether the petitioners are likely to abscond or tamper with evidence if bail is granted
- Whether the informant's secret information suffices to justify denial of anticipatory bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 8
Subjects
- anticipatory bail
- NDPS Act
- drug trafficking
- bail jurisprudence
- evidence tampering
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85724 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- Bhelahi District- East Champaran
======================================================
1. Rajesh Bhagat @ Rajesh Mahto S/o- Prasad Mahto resident of Village-
Sukhalahiya, PS- Darpa, District- East Champaran, Motihari.
2. Awadhesh Bhagat @ Awadhesh Prasad S/o- Indrasan Mahto resident of
Village-Pipra, PS- Darpa, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their arrest
in a case registered for the offences punishable under Sections 8,
20(b) (ii) (C) of the NDPS Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the informant
alleges that he received secret information that petitioners
indulged in trade of ganja and have concealed ganja in the bushes
of Sainik road. Accordingly, the force reached the place of
occurrence and recovered 107 kg of ganja concealed in nine
packets.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.85724 of 2025(2) dt.15-01-2026
2/2
informant. It is next submitted that from perusal of the allegation
as alleged in the FIR, it would manifest that ganja was recovered
from a bush concealed in nine packets. It is next submitted that
petitioners were not even present at the place of occurrence. It is
reiterated and submitted that petitioners are clean antecedent and
the informant for ulterior reason implicated the petitioners, who
are labourers.
5. Learned A.P.P. opposes the anticipatory bail
application and submits that no doubt, the petitioners were not
found present at the place of occurrence, but then, based on secret
information, the place was raided from where 107 kg of ganja was
recovered. It is next submitted that investigation of the case is
continuing and if privilege of anticipatory bail is granted, the
petitioner may abscond and try to tamper with the evidence.
6. Considering the submissions made by the learned
A.P.P., the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
7. The prayer of the petitioner for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…