Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32671 of 2026 Arising Out of PS. Case No.-924 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Deepak Kumar S/O Birendra Verma @ Birendra Kumar Verma R/O Vill.- Bhagwatipur, P.O.-bajitpur, P.S.- Bihta, Dist.- Patna. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Garg, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Hajipur Sadar P.S. Case No. 924 of 2025, lodged on 17.12.2025, under Sections 8(c) and 21(b) of the NDPS Act, pending in the Court of learned Sessions Judge cum Special Judge, NDPS Act, Vaishali at Hajipur.

3. As per the prosecution, total recovery of 10.95 grams of smack has been made which is the subject matter of

Patna High Court CR. MISC. No.32671 of 2026(2) dt.13-05-2026 2/3 the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is not clean. There are three criminal cases pending against the petitioner in which he is on bail. Counsel submits that name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused. He submits that the petitioner was neither arrested at the place of occurrence not any incriminating articles was recovered from the possession of the petitioner. Counsel submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean. There are three criminal cases pending against the petitioner.

6. Considering the nature of allegation as well as criminal antecedents, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of petitioner is hereby refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered without

Patna High Court CR. MISC. No.32671 of 2026(2) dt.13-05-2026 3/3 being prejudiced by the order of this Court considering the factual matrix that the recovery is more than small quantity but lesser than commercial quantity.

(Dr. Anshuman, J) Mkr./- U T