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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Dharmendra Kumar, applied for anticipatory bail in connection with a case registered under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The police, acting on information, raided his residence and discovered dried ganja, leading to the arrest of his mother, who implicated him. The court examined whether the petitioner was sufficiently involved in the alleged offence to merit anticipatory bail. Considering the material facts, the judge was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks to seek regular bail, with the Superintendent of Police directed to effect his arrest.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act
  • Whether the petitioner’s alleged involvement in the possession of ganja justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug offence
  • bail application
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91075 of 2025
                        Arising Out of PS. Case No.-39 Year-2025 Thana- Bhatni District- Madhepura
                 ======================================================
                 Dharmendra Kumar S/O Late Shyam Sundar Chaudhary Resident of village-
                 Barah Kurwa, Ward No 15, PS- Bhatni, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Barun Kumar Singh, Advocate
                 For the State            :        Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Bhatni P.S. Case No. 39 of 2025 instituted under Sections

                   8, 20(b)(ii)(c) of the N.D.P.S. Act.

                                3. The police on information reached the house of the

                   petitioner where they found ganja being dried. The mother of

                   the petitioner was arrested. She has named the petitioner.

                                4. Considering the fact that the petitioner has been

                   involved in the crime, I am not inclined to grant anticipatory

                   bail to the petitioner.

                                5. Accordingly, the application stands dismissed.

                                 6. The petitioner is directed to surrender within two

                   weeks from today and pray for regular bail, failing which the
           Patna High Court CR. MISC. No.91075 of 2025(2) dt.28-01-2026
                                                       2/2




                     Superintendent of Police, Madhepura will take all steps for

                     arrest of the petitioner.

                                  7. Let a copy of this order be communicated to the

                     Superintendent of Police, Madhepura through FAX or e-mail for

                     its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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