Dismissed¶26

Lalan Kumar v. The State of Bihar

Anticipatory bail – second application

Patna HC10 Jul 2026CR. MISC./27107/2026

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Case brief

AI extract

What is this about?

Anticipatory bail; second/renewed bail application; NDPS Act Sections 8/20(b)(ii)(B), 8/20(b)(II)(c), 8(c), 21(c), 23(c), 25, 29; recovery of Ganja, Charas and smack; RFSL Muzaffarpur FSL report; Section 103 Bharatiya Nagarik Suraksha Sanhita 2023 compliance; no criminal antecedents; bail rejected; liberty to seek regular bail on surrender; Patna High Court; CR. MISC. No.27107 of 2026 dt.10-07-2026; Rudra Prakash Mishra, J.

What did the court decide?

Considering the facts and circumstances of the case and the nature and gravity of the offence, the Court is not inclined to grant anticipatory bail to the petitioners. ¶24

Lalan Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶26

Issue for consideration

Whether the petitioners, who apprehend arrest in Lakhaura P.S. Case No. 204 of 2024 registered under NDPS Act sections, should be granted anticipatory bail on their second (renewed) application after an earlier rejection dated 05.02.2026.

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Court's answer

Considering the facts and circumstances of the case and the nature and gravity of the offence, the Court is not inclined to grant anticipatory bail to the petitioners.

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Ratio / Principle

The prayer for anticipatory bail is rejected; however, if the petitioners surrender before the trial court and pray for regular bail, the trial court shall consider and dispose of it on its own merits without being prejudiced by this order.

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Detailed headnote1 paragraphs

Anticipatory bail - second application - NDPS Act offences. Petitioners Lalan Kumar and Ramesh Rai @ Ramesh Kumar, stated to be innocent and without criminal antecedents, sought anticipatory bail in Lakhaura P.S. Case No. 204 of 2024 (District East Champaran), registered under Sections 8/20(b)(ii)(B), 8/20(b)(II)(c), 8(c), 21(c), 23(c), 25 and 29 of the NDPS Act, following alleged recovery of 990 gram Ganja, 3.280 Kg Charas and 840 grams smack; their earlier prayer had been rejected on 05.02.2026 in Cr. Misc. No. 31157 of 2025. Counsel for the petitioners relied on the Regional Forensic Science Laboratory, Muzaffarpur report (substance confirmed as Ganja only in packet 'G-1'; no narcotic drugs or psychotropic substances detected in packets 'C-1' and 'S-1'), alleged non-compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and absence of criminal antecedents; the APP opposed the prayer. Considering the facts and circumstances and the nature and gravity of the offence, the Court declined anticipatory bail and rejected the prayer, while permitting the petitioners to surrender before the trial court and seek regular bail, to be considered and disposed of on its own merits without prejudice from this order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27107 of 2026

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CRIMINAL MISCELLANEOUS No.31157 of 2025

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Arising Out of PS. Case No.-204 Year-2024 Thana- LAKHAURA District- East Champaran

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======================================================

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Lalan Kumar S/o Bhola Rai R/o Village - Chhoka Pakahi, P.S - Lakhaura, District - East Champaran

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Ramesh Rai @ Ramesh Kumar S/o Bhola Rai R/o Village - Chhoka Pakahi, P.S - Lakhaura, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Priyanka Singh, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 10-07-2026

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners apprehend arrest in connection with Lakhaura P.S. Case No. 204 of 2024, registered under Sections 8/20(b)(ii)(B), 8/20(b)(II)(c), 8(c), 21(c), 23(c), 25 and 29 of the NDPS Act.

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This is the second attempt of the petitioners for bail. The petitioners have renewed their prayer for grant of anticipatory bail which was earlier rejected by this Court vide order dated 05.02.2026 passed in Cr. Misc. No. 31157 of 2025

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Patna High Court CR. MISC. No.27107 of 2026(2) dt.10-07-2026 2/3

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taking into consideration the facts and circumstances of the case, nature and gravity of the offence.

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The prosecution case, in short, is that there is recovery of 990 gram of Ganja, 3.280 Kg Charas and 840 grams smack in this case.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is next submitted that during investigation, the seized items were sent for examination and the Regional Forensic Science Laboratory, Muzaffarpur has examined three packets marked as ‘G-1’, ‘C-1’ and ‘S-1’ and has reported that the substance in packet ‘G-1’ was confirmed to be Ganja, further the report expressly records that no Narcotic drugs and/or Psychotropic substances were detected in packets ‘C-1’ and ‘S1’. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners have got no criminal antecedents.

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Learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

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Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners.

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Patna High Court CR. MISC. No.27107 of 2026(2) dt.10-07-2026 3/3

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The prayer is rejected. However, if the petitioners surrender in the learned Court below and pray for regular bail, the learned Trial Court shall consider and dispose of the same on its own merit without being prejudiced by this order.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Lalan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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