Patna High Court
Umesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Umesh Sah was arrested on 17 September 2025 after police recovered 132 litres of codeine syrup from an auto he was driving. He was charged under Sections 21(c) and 22 of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no prior criminal record, was not the owner of the vehicle, and that the seized drug was left by a passenger who fled the scene, thus he had no conscious possession. He sought regular bail, assuring the court of his cooperation and that he would not abscond. The State opposed bail, but the court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.25,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to a person accused under Sections 21(c) and 22 of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act when the alleged drug was not found in his conscious possession.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22
Subjects
- bail
- NDPS Act
- codeine
- drug possession
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10739 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Umesh Sah Son of Late Laxmi Sah R/O Village/Mohalla- Bakarganj
Abhanda, P.S.- Laheriasarai, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 21(c), 22 of the NDPS Act
and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 17.09.2025 and allegation is of recovery of 132 litres of
Codeine syrup from an auto. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the seized
auto and he came to be implicated based on the fact that he was
driving the auto when the Codeine was seized. It is further
Patna High Court CR. MISC. No.10739 of 2026(2) dt.16-04-2026
2/2
submitted that petitioner was not involved in the occurrence
rather it appears that some passenger left the Codeine in the auto
and fled seeing the police. It is also submitted that if privilege of
regular bail is granted to the petitioner, the petitioner will not
abscond rather will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.25,000/- (Rupees twenty five thousand) with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
P.T.N. No.1992 of 2025, arising out of L.N.M.U. P.S. Case
No.235/2025.
(Satyavrat Verma, J)
amit/-
U T
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