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Bombay High Court

ATHARV SATISH THANKASALEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dismissed

Holding

The court held that anticipatory bail must be denied as the prosecution’s case establishes a prima facie link between the applicant and the narcotic offence.

Summary

Atharv Satish Thankasale, a 21‑year‑old student, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking protection from arrest in a case (CR No.389 of 2026) registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged offences under Sections 8(c), 21(a) and 20(b)(ii). The prosecution alleged that co‑accused had purchased the narcotic substance mephedrone (M.D.) from the applicant, and therefore argued that no ground existed for granting bail. The applicant contended that he was not involved in the offence and had no prior criminal record. The court examined the material on record, found the prosecution’s allegation sufficient to deny pre‑arrest relief, and consequently dismissed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the prosecution alleges the applicant supplied narcotic substances.
  • Whether the allegations under the NDPS Act justify denial of pre‑arrest bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • NDPS Act
  • narcotics
  • Section 482
  • student defendant
  • criminal procedure

Judgment

                                                                        501-ABA-2779-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally                   CRIMINAL APPELLATE JURISDICTION
         signed by
         ARJUN
ARJUN    VITTHAL              ANTICIPATORY BAIL APPLICATION NO.2779 OF 2026
VITTHAL  KUDHEKAR
KUDHEKAR Date:
         2026.10.01
         23:00:44
                      Atharv Satish Thankasale                              …Applicant
         +0530              Versus
                      The State of Maharashtra                              …Respondent


                      Mr. Gaurav D. Kakade, for the Applicant.
                      Mr. S. V. Walve, APP, for the Respondent-State.



                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       01 OCTOBER 2026
                      PC:-

                      1.      Heard Mr. Kakade, learned Counsel appearing for the

                      Applicant and Mr. Walve, learned APP, for the Respondent-State of

                      Maharashtra.

                      2.      As the matter was mentioned at 03:00 pm stating that there

                      is an apprehension that the Police would immediately arrest the

                      Applicant, the matter has been directed to be produced urgently.

                      3.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

                      seeking pre-arrest bail in connection with CR No.389 of 2026

                      registered with the Sant Tukaramnagar Police Station, Pimpri-

                      Chinchwad, Pune, for the offences punishable under Sections 8(c),




                                                      Page 1
                      Arjun
                                                     501-ABA-2779-2026.DOC




21(a) and 20(b)(ii) of the Narcotic Drugs and Psychotropic

Substances Act, 1985.


4.       It is the submission of Mr. Kakade, learned Counsel for the

Applicant that the Applicant is not involved in the offence and

there are no other criminal antecedents against the Applicant. He

submits that the Applicant is a student of 21 years.


5.       On the other hand, Mr. Walve, learned APP, for the

Respondent-State, submits that, as per the prosecution case, the

Co-Accused       have    purchased        narcotic    substance     M.D.

(Mephedrone) from the present Applicant.


6.       The prosecution case is set out in Paragraph No.2 of the

Order dated 28th September 2026 passed by the learned

Additional Sessions Judge, Pimpri-Chinchwad, Pune in Criminal

Bail Application No.1219 of 2026, which reads as under:


        “2.    The First Information Report was lodged by the
        informant, Police Constable Dattu Nandu Patekar, B.No.
        4029, attached to the Sant Tukaramnagar police station,
        Pune on 29/08/2026, alleging that on the previous date,
        the accused persons were found in possession of ganja
        weighing 932 grams worth Rs.50,000/- and M.D.
        substance of 01.990 gram worth Rs.19,900/-. The crime
        was registered and other co-accused were arrested on
        29/08/2026. The applicant is apprehending arrest at the




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                                                   501-ABA-2779-2026.DOC




        hands of police as his name was revealed during the
        investigation by the co-accused. Hence, prayed for
        protection.”

7.       As per the prosecution case, the Co-Accused have purchased

narcotic substance M. D. (Mephedrone) from the Applicant. Thus,

no case is made out for grant of anticipatory bail.


8.       Accordingly, the Anticipatory Bail Application is dismissed.




                                            [MADHAV J. JAMDAR, J.]




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