Uma Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39037 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- MAHUAWA District- East Champaran ====================================================== Uma Shankar Kumar S/O Bhannu Prasad Yadav R/O Village- Katkenwa, P.S.- Mahuawa, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Mahuawa P.S. Case No. 47/ 2026 registered for the offence(s) punishable under Section(s) 8, 20(b)(ii)(B) and 23(b) of the N.D.P.S. Act.

3. As per the prosecution story, on 20.03.2026, acting on specific information, the police and SSB laid an ambush near Kataknewa Sainik Road. On seeing the police, the petitioner allegedly threw a plastic bag containing 4.760 kg of ganja like substance and fled from the spot. The contraband was seized and sealed and a subsequent raid at the petitioner's house proved unsuccessful as he was found absconding. Accordingly, the present case was instituted.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39037 of 2026(3) dt.28-07-2026 2/3 instant matter relates to the recovery of 4.760 kg of Ganja from a bag which is alleged to have been thrown by the petitioner upon seeing the police party. The petitioner has been made accused mainly on the basis of the identification made by the local police Chowkidar and two police personnel and except this, there is no material to show the involvement of the petitioner in the alleged transportation of narcotic substance and the petitioner's past is completely clean.

5. Learned APP appearing for the State opposes the prayer of the petitioner and submits that the instant matter relates to the recovery of narcotic material and the case is still under investigation and the petitioner is named in the FIR.

6. Heard both the sides and perused the FIR and case diary of this case. The petitioner is named in the FIR and two police personnel have claimed to have identified the petitioner while he was throwing the bag containing the narcotic material and fleeing from the place of the occurrence and in this regard, the statements of the witnesses mentioned in paragraph nos. 4, 5 and 6 of the case diary are relevant and the case is under investigation.

7. In view of the aforesaid materials and the nature of the allegations, this court is not inclined to grant the relief of

Patna High Court CR. MISC. No.39037 of 2026(3) dt.28-07-2026 3/3 anticipatory bail to the petitioner. Accordingly, his prayer stands rejected.

(Shailendra Singh, J) BKS/- U T