Dismissed¶18

Kavita Kumari v. The State of Bihar

Patna HC16 Jun 2026CR. MISC./38204/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.38204 of 2026, decided 16-06-2026 by Sandeep Kumar, J. Anticipatory bail application dismissed arising out of Sasaram (Muffasil) P.S. Case No. 123 of 2026 (District Rohtas) under Sections 8(c)/21(b) N.D.P.S. Act; alleged recovery of 124 gms brown sugar from three persons; petitioner's name figured in confessional statement of co-accused apprehended on the spot; one criminal antecedent stated by counsel; Supreme Court decision in State of Haryana vs. Samarth Kumar, 2022 SCC OnLine SC 2087 relied upon; liberty to seek regular bail. Keywords: anticipatory bail, NDPS Act, confessional statement of co-accused, brown sugar, Rohtas, Bihar, APP opposed.

What did the court decide?

No anticipatory bail; liberty to surrender before the Court below and pray for regular bail. ¶18

Kavita Kumari Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38204 of 2026

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Arising Out of PS. Case No.-123 Year-2026 Thana- SASARAM MUFFSIL District- Rohtas

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

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Kavita Kumari Wife of Shashi Bind, D/o Surendra Kumar @ Surendra Bind Resident of Village- Beda Mod, Banarasiya, P.S.- Sasaram (Muffasil), District- Rohtas, Permanent Address- Wife of Shashi Bind, Resident of Village- Darangiya, P.S.- Shivsagar, District- Rohtas.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s : Mr.Lalan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 16-06-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends arrest in connection with Sasaram (Muffasil) P.S. Case No. 123 of 2026 instituted under Sections 8(c)/ 21(b) of the N.D.P.S. Act.

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As per the prosecution case, 124 gms of brown sugar was recovered from three persons.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is next submitted that the name of the petitioner has come in the confessional statement of the co-accused, who has stated that petitioner is also involved in the crime. Petitioner has one criminal antecedent.

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Patna High Court CR. MISC. No.38204 of 2026(2) dt.16-06-2026 2/2

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Learned APP for the State has opposed the prayer

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for anticipatory bail of the petitioner.

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Considering the fact that the name of the petitioner has surfaced in the confessional statement of co-accused who was apprehended on the spot and also judgment of the Hon’ble Supreme Court in the case of State of Haryana vs. Samarth Kumar reported as 2022 SCC OnLine SC 2087 , this is not a fit case for grant of anticipatory bail.

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Accordingly, the application stands dismissed.

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The petitioner may surrender and pray for regular

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bail before the Court below.

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(Sandeep Kumar, J)

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tusharika/-

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U T

Kavita Kumari v. The State of Bihar

Case brief

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Kavita Kumari v. The State of Bihar

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