Samir Kumar Patra v. The State Govt. Of NCT Of Delhi
$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3077/2025 SAMIR KUMAR PATRA .....Petitioner Through:
Mr.
Aditya Narain Tripathy, Advocate versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Aashneet Singh, APP for State with SI Harsh Kumar PS Nabi Karim
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 24.02.2026 1.
By way of the present application, the applicant seeks anticipatory bail in connection with FIR No. 473/2024 dated 13.12.2024, registered at Police Station Nabi Karim, District Central, Delhi, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"].
2.
By an order dated 16.02.2026, interim protection was granted to the applicant with the following observations: "3. The FIR was registered on 13.12.2024 against one Prahlad Kumar, from whom the prosecution alleges that 24.85 kg of ganja (a commercial quantity) was recovered. The petitioner was not named in the FIR. The case against him, as made out in the status report, is that Prahlad Kumar, in his disclosure statement, stated that he had purchased the ganja from a person named Ritu Kumar. The telephone number of Ritu Kumar stored in Prahlad Kumar's mobile phone was found to be the telephone number of the petitioner herein. It is further alleged that the Call Detail Records of the petitioner's phone show that he was present in Brahmpur, Odisha, at BAIL APPLN. 3077/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the time the contraband was allegedly procured by Prahlad Kumar.
4. Mr. Aditya Narayan Tripathy, learned counsel for the petitioner, submits that the petitioner has not been linked to the offence at all. The mere fact that the petitioner's telephone number was saved in the mobile phone of Prahlad Kumar under the name "Ritu Kumar", who, according to Prahlad Kumar, supplied the contraband, is insufficient to establish that the petitioner was the supplier. He emphasises that no recovery was effected from the petitioner and that the petitioner has no criminal antecedents. The petitioner's presence in Brahmpur is also explained on the ground that he is a resident of the same region.
5. I also note that, despite the fact that the petitioner was not granted any interim protection, no coercive steps have been taken against him for the last six months, during which this application has been pending.
6. Having regard to the contents of the status report and the aforesaid factors, and subject to the petitioner joining the investigation on 19.02.2026 at 4:00 PM and thereafter as and when required by the Investigating Officer ["IO"], he shall not be arrested until the next date of hearing."
3.
Although the Investigating Officer was directed to furnish an updated status report, none has been filed. However, Mr. Aashneet Singh, learned Additional Public Prosecutor, states, on instructions, that the applicant has joined the investigation as required and is not required for custodial interrogation.
4.
In view of the above, the interim order is confirmed, and it is directed that in the event of arrest in connection with the subject FIR, the applicant be released on bail, subject to his furnishing a personal bond in the sum of Rs.25,000/-, with one surety of the like amount to the satisfaction of the Investigating Officer/Station House Officer, and subject to the following further conditions:
a) The applicant shall report to the Investigating Officer on each and every occasion, as and when required, and shall cooperate in the investigation. Since I am informed that the applicant resides outside Delhi, he shall be given 48 hours' prior notice, if required; BAIL APPLN. 3077/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
b) The applicant shall not, directly or indirectly, contact the prosecutrix, any witness, or her family, nor shall he tamper with the evidence in any manner whatsoever;
c) The applicant shall furnish his mobile number to the Investigating Officer and ensure that the mobile phone remains operational and switched on at all times. The mobile number shall not be changed, nor shall the phone be switched off, without prior intimation to the Investigating Officer;
d) The applicant shall furnish his residential address to the Investigating Officer and shall not change it without prior intimation to the Investigating Officer;
e) The applicant shall not leave the country without prior permission of the concerned Trial Court;
f) The applicant shall not commit any offence during the pendency of the proceedings.
5.
The bail application is disposed of in the above terms. 6.
It is clarified that the observations made herein are solely for the purpose of adjudication of the present bail application and shall not be construed as an expression of opinion on the merits of the case, nor shall they prejudice the rights and contentions of the parties at any stage of the proceedings.
PRATEEK JALAN, J FEBRUARY 24, 2026 SV/SD/ BAIL APPLN. 3077/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.