Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner’s involvement, prior convictions, and the nature of the offences warranted custody.
Summary
The petitioner, Karan Kumar, applied for anticipatory bail after being implicated in a raid that uncovered narcotics and related paraphernalia. The prosecution alleged that he was named by a co-accused seized during the raid and charged him under Sections 8(c), 21(a), 27 and 29 of the NDPS Act. The petitioner contended that no incriminating material was found on him and that the case against him rested solely on the co-accused's confession. The State highlighted the petitioner’s inclusion in the FIR and his two prior similar criminal convictions. Considering the seriousness of the offences, the material recovered, and the petitioner’s antecedents, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR under the NDPS Act with prior similar convictions.
- Whether a co-accused's confessional statement alone suffices to deny anticipatory bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 27, 29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- drug offences
- confessional statement
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90012 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- BAISI District- Purnia
======================================================
Karan Kumar S/O Raj Kumar Sah Resident of Mohalla-Harintor, P.S- Baisi,
Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Singh, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 8(c), 21(a), 27 and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Prosecution case, in brief, is that on 25.05.2025 at
about 5 PM, a raid was conducted in which four persons were
apprehended along with several syringes, drug needle, mobile
phones with SIM cards, one packet smack and some cash. One
of the apprehended accused disclosed the name of this
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No
incriminating material has been recovered from conscious
Patna High Court CR. MISC. No.90012 of 2025(2) dt.10-02-2026
2/2
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner has been made accused only on
the basis of confessional statement of co-accused who was
apprehended on the spot.
5. On the other hand, learned A.P.P. for the State
vehemently opposed the bail application and submitted that
petitioner is named in the F.I.R. and has got two criminal
antecedents, both of which are of similar nature.
6. Considering the facts and circumstances of the
case, nature of accusation and criminal antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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