Supreme Court reverses Justice Dr. Anshuman's bail rejection order in a NDPS case

In Satyam Kumar Singh vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices Prashant Kumar Mishra and Joymalya Bagchi passed a 2-page long order dated August 28, 2025. The order reads: "Considering that the petitioners are in jail since 03.03.2021 i.e. for nearly four and a half year, we are of the view that the petitioners deserve to be released on bail. Accordingly, the petitioners shall be enlarged on bail subject to such conditions and restrictions as imposed by the jurisdictional Trial Court."

Earlier, Dr. Anshuman of Patna High Court had passed a 4-page long order dated February 2, 2025 in Satyam Kumar Singh & Ors. vs. The State of Bihar (2025). The petitioners had approached the High Court seeking regular bail in connection with a P.S. case  of 2021 lodged under Sections 8, 21, 22(B)(C) N.D.P.S. Act. The counsel for the petitioners of first two cases i.e.,. Cr. Misc. No.72426 of 2024 and Cr. Misc. No.71160 of 2024 had submitted that the bail application of the petitioners has earlier been rejected twice vide order dated 27.09.2022 passed in Cr. Misc. No.49865 of 2021 and vide order dated March 20, 2024 passed in Cr. Misc. No.79114 of 2023. He also further submitted that the petitioners were innocent and other named co-accused persons were granted bail on the basis of same allegation. The petitioners were apprehended from the place of occurrence. He further submitted that petitioners were in custody since March 3, 2021 had clean antecedent. The counsel for the petitioner for third case i.e.,Cr. Misc. No.79563 of 2024 submitted that the petitioner was named in the F.I.R., but he was not apprehended from the place of occurrence nor any material was recovered from his possession. The Senior Counsel submitted that the name of petitioner had come by virtue of confessional statement of co-accused who were apprehended from the place of occurrence. It stated that the Co-ordinate Bench of the High Court had granted bail to other co-accused persons, who were not apprehended nor any recovery has been made from their possession. He also submitted that petitioner was in custody since August 28, 2024 had clean antecedent.

Justice Anshuman observed:"11. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners, namely, Satyam Kumar Singh and Amit Kumar@ Jaikar of first two cases. Therefore, the bail applications of the petitioners are hereby rejected." This order has been reversed by the Supreme Court. 

Justice Dr. Anshuman had heard the case of Satyam Kumar Singh & Ors. vs. The State of Bihar (2025) along with the case Amit Kumar @ Jaikar vs. The State of Bihar (2025) and Anant Sah @ Anant Kumar @ Anant Kumar Sah vs. The State of Bihar (2025). In his order, Justice Anshuman added: "the bail application of the petitioner, namely, Anant Sah of third case is concerned, let the petitioner be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each....". It was required to be furnished to Additional Sessions Judge-IV-cum-Special Judge, N.D.P.S. Act., Purnea in connection with Supplementary N.D.P.S. Case of 2021(CIS No.121 of 2024) which arose out of P.S. case  of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.