Created by Fuzzy Cloud

Patna High Court

Bhadru Paswan @ Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.