Patna High Court
Umesh Kumar @ Umesh Kumar Singh @ Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the recovery of a commercial quantity of cough syrup under the NDPS Act precludes the grant of bail.
Summary
The petitioner, Umesh Kumar, was charged under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of three litres of cough syrup, which the prosecution alleged to be a commercial quantity of a narcotic. The petitioner, claiming innocence and a clean antecedent, applied for bail after his earlier bail plea was rejected. The State opposed the bail application, emphasizing the recovery of a commercial quantity of the drug. The High Court, noting the seriousness of the offence and the quantity involved, dismissed the bail petition. The court also directed the trial court to expedite the trial. The decision reflects the stringent approach towards bail in NDPS cases involving commercial quantities.
Issues considered
- Whether bail can be granted to an accused under Sections 8(c) and 21(c) of the NDPS Act when a commercial quantity of a narcotic is recovered.
- Whether the petitioner’s claim of innocence and clean antecedent outweighs the statutory presumption against bail in NDPS cases.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- narcotics
- criminal procedure
- cough syrup
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1322 of 2026
Arising Out of PS. Case No.-114 Year-2024 Thana- Champanagar District- Purnia
======================================================
Umesh Kumar @ Umesh Kumar Singh @ Umesh Singh S/O Ram Janam
Singh R/O Vill.- Champanagar, P.S.- Champanagar, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhaya, APP
Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Special
(NDPS) Case No.45 of 2025 arising out of Champanagar P.S.
Case No. 114 of 2025, registered for the offence punishable
under Sections 8(c), 21(c) of the N.D.P.S. Act.
3. Earlier the prayer of bail of the petitioner was
rejected.
4. As per the prosecution case, 3 litrs of cough syrup
has been recovered from the courtyard of the petitioner.
5. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
Patna High Court CR. MISC. No.1322 of 2026(5) dt.27-04-2026
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09.12.2024 having clean antecedent.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the recovery of commercial quantify of
cough syrup from the possession of the petitioner, the petitioner
cannot be granted bail. Therefore, the prayer for bail of this
petitioner is dismissed.
8. However, the learned trial Court is directed to
expedite the trial of the petitioner at the earliest.
(Sandeep Kumar, J)
sanjeev/-
U T
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