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Patna High Court

Sanoj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Sanoj Kumar, was named in an FIR for alleged offences under Sections 21(c) and 25 of the NDPS Act after 115 litres of Wiscop cough syrup containing the prohibited drug codeine were recovered from his vehicle. The petitioner contended that he merely owned the vehicle, which had been sent for repairs, and had no knowledge of the contraband. The State argued that the commercial quantity of codeine and the petitioner’s ownership of the vehicle established a culpable mental state under Section 35 of the NDPS Act, and that Section 37 imposes strict conditions for bail in such cases. The court examined the factual submissions and noted the absence of any evidence supporting the petitioner’s claim of lack of knowledge. Consequently, the court rejected the petition for anticipatory bail, holding that the petitioner’s ownership of the vehicle carrying the prohibited substance warranted denial of bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the NDPS Act given his ownership of the vehicle carrying a commercial quantity of codeine.
  • Whether the petitioner’s alleged lack of knowledge of the contraband negates the culpable mental state required under Section 35 of the NDPS Act.

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • codeine
  • commercial quantity
  • vehicle ownership
  • culpable mental state
  • Section 35
  • Section 37

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10761 of 2026
                         Arising Out of PS. Case No.-318 Year-2024 Thana- PIPRA District- Supaul
                 ======================================================
                 Sanoj Kumar S/o- Subhash Kumar Yadav R/v- Maheshua Ps- Bharahi Dist-
                 Madhepura

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Pooja Prasad, Adv.
                 For the Opposite Party/s :        Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-02-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R.

                   and apprehending his arrest in connection with

                   Pipra P.S. Case no. 318 of 2024 registered for

                   the offence under Sections 21(c)/25 of NDPS

                   Act.

                                3. As per FIR, petitioner said to be

                   involved in business of                         illegal Cough Syrup

                   having total recovery of 115 litres of Wiscop

                   cough syrup, where one of the constituent is

                   “Codeine”, which is in prohibited list of drugs as

                   per NDPS Act, 1985.

                                4. It is submitted by learned counsel
Patna High Court CR. MISC. No.10761 of 2026(2) dt.13-02-2026
                                            2/3




          appearing on behalf of the petitioner that

          petitioner was implicated with present case

          only for the reason that he is the owner of the

          vehicle which found involved carrying Wiscop

          cough syrup. It is submitted that nothing

          incriminating               appears             recovered       during

          investigation till now which may suggest that

          petitioner was under knowledge for carrying

          said consignment, in fact, the vehicle, in issue,

          was given for repairing in garage from where it

          was misused. While concluding arguments, it is

          submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP while opposing the

          prayer        of     bail      submitted             that   commercial

          quantity of “Codeine” was alleged to be seized

          from vehicle of this petitioner. It is submitted

          that the factual aspect of this case categorically

          suggest that petitioner was under culpable

          mental state in view of Section 35 of NDPS Act

          for carrying of present consignment as there is
              Patna High Court CR. MISC. No.10761 of 2026(2) dt.13-02-2026
                                                          3/3




                        nothing in support of submission that the

                        vehicle, in issue, was given for repairing to

                        garage as claimed. It is submitted that Section

                        37 of NDPS Act also put rigors to grant bail in

                        case of recovery of commercial quantity.

                                         6.     In     view        of        aforesaid    factual

                        submission and by taking note of fact as

                        admittedly petitioner was owner of the vehicle

                        which found carrying consignment of Wiscop

                        cough syrup, where one of the constituent was

                        “Codeine”, which is in the prohibited list of

                        drugs as per NDPS Act, accordingly the prayer

                        of     anticipatory             bail      of         petitioner   stands

                        rejected.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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