Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Satish Kumar applied for anticipatory bail after his motorcycle was used by Kundan Kumar to transport brown sugar, violating sections 8(c) and 21(b) of the NDPS Act. The petitioner claimed he had sold the motorcycle to Kundan and that the registration had not been transferred to the buyer’s name. The court examined the fact that brown sugar was recovered from the petitioner’s vehicle and found sufficient nexus to the offence. Consequently, the court declined to grant anticipatory bail and dismissed the application. The petitioner was ordered to surrender within two weeks to seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act given that brown sugar was recovered from his motorcycle.
- Whether the petitioner’s claim of ownership transfer and lack of registration in the buyer’s name negates his liability for the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- anticipatory bail
- motor vehicle
- narcotics
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91119 of 2025
Arising Out of PS. Case No.-593 Year-2025 Thana- BIHTA District- Patna
======================================================
Satish Kumar Son of Ashok Kumar Gupta R/o - House no.56, Anand Bazar,
P.S. - Danapur, Dist. - Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ghanshyam Tiwary, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. This application for anticipatory bail arises
out of Bihta P.S. Case No.593 of 2025 registered for the offence
under sections 8(c)/21(b) of the N.D.P.S. Act.
3. One Kundan Kumar was caught with brown
sugar riding a motorcycle belonging to the petitioner.
4. Learned counsel for the petitioner submits
that the motorcycle was sold by the petitioner to said Kundan
Kumar but it was not transferred in his name in the Registration
Certificate.
5. Considering the fact that from the
motorcycle of the petitioner brown sugar was recovered, I am
not inclined to grant bail to the petitioner. Accordingly, this bail
application is dismissed.
Patna High Court CR. MISC. No.91119 of 2025(2) dt.28-01-2026
2/2
6. The petitioner is directed to surrender before
the Court below within a period of two weeks from today and
seek regular bail. If he does so, his application for regular bail
shall be considered by the learned Court below on its own merit
without being prejudiced by rejection of present application for
grant of anticipatory bail. If the petitioner does not surrender
within two weeks from today, the Senior Superintendent of
Police, Patna shall take all steps for arresting the petitioner.
7. Let a copy of this order be communicated to
the Senior Superintendent of Police, Patna forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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