Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Rahul Kumar, applied for anticipatory bail fearing arrest in a case (Arwal P.S. Case No. 297 of 2025) under Sections 8(c) and 21(b) of the NDPS Act. The prosecution alleged that 125 grams of smokeless tobacco (smack) was recovered from a co‑accused, Sonu Patel, who named the petitioner as a member of the gang, although nothing was seized from the petitioner. The petitioner claimed innocence, no criminal antecedent, and that he was falsely implicated. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case under the NDPS Act.
- Whether the petitioner’s alleged involvement, based solely on the co‑accused’s statement, warrants denial of bail.
Legislation cited
- Criminal Procedure Code (CrPC) — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- Section 438
- bail conditions
- criminal procedure
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9129 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- ARWAL District- Jehanabad
======================================================
Rahul Kumar, S/o Sujit Kumar, R/o Vill- Khedru Bigha, P.S.-Rampur
Chauram , Distt- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Arwal P.S. Case No. 297 of 2025 instituted for the offence
under Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of one co-accused Sonu Patel @ Sonu Kumar,
altogether 125 grams of smack was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Co-accused Sonu Patel @ Sonu Kumar has named this
petitioner and nothing has been recovered from his possession.
He is said to be the member of gang. It has also been submitted
Patna High Court CR. MISC. No.9129 of 2026(2) dt.09-02-2026
2/2
co-accused Sonu Patel @ Sonu Kumar has been granted bail by
this Court vide Cr. Misc. No. 83921 of 2025. Petitioner is
having no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Arwal P.S. Case No. 297 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Principal District and Sessions Judge,
Jehanabad, subject to the conditions as laid down under section
438 (2) of the Cr.P.C.
(Ashok Kumar Pandey, J)
lata/-
U T
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