Patna High Court
Bhadru Paswan @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Bhadru Paswan, sought anticipatory bail fearing arrest in a case registered under the NDPS Act and the Bihar Prohibition and Excise Act for alleged possession of 15.2 g of heroin, 2.81 g of ganja and 6 L of liquor recovered from Chandra Bhushan Kumar. He contended he had a clean record, was not arrested at the spot and that no contraband was found in his possession; the only link to him was a confessional statement by Chandra Bhushan made in police custody, which the petitioner argued lacks evidentiary value. The State opposed bail, stating the confession named the petitioner and that the investigation was at an early stage. The Court examined the submissions and, noting the seriousness of the offences and the reliance on a custodial confession, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act and Bihar Prohibition and Excise Act in view of the alleged possession and the reliance on a confessional statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(a), 21(b), 8, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- drug possession
- confessional statement
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91676 of 2025
Arising Out of PS. Case No.-1835 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Bhadru Paswan @ Akash Kumar son of Late Umesh paswan Resident of
Village- Ranipur Dusaj Toli, Ps- Phulwari Sharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Anand
For the Opposite Party/s : Ms. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Phulwarisharif P.S. Case No.1835/2025, registered for the
offence punishable under Sections 8(c), 21(b), 8, 20 (b) (ii)(a) of
the NDPS Act and Sections 30(a) and 37 of Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15.2 grams of smack along with 2.81 grams of
Ganza and 6 litres of liquor from possession of Chandra
Bhushan Kumar. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from
Patna High Court CR. MISC. No.91676 of 2025(2) dt.13-01-2026
2/2
Chandra Bhushan but then he came to be implicated based on
confessional statement of Chandra Bhushan in police custody
which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that allegation is
of recovery of smach and ganza from Chandra Bhushan and it
was in his confession that name of the petitioner transpired. It is
also submitted that investigation of the case is in its nascent
stages.
5. Considering the submissions made by the learned
APP, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
6. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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