Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner was involved in dealing with narcotic substances.
Summary
The petitioner, Rajnish Kumar, applied for bail in a case registered under Section 22(B) of the NDPS Act for alleged possession of various injectable drugs seized from a medical premises. The prosecution alleged that 29 buprenorphine injections, 880 diclofenac injections, 260 phentermine injections, and hypodermic needles were recovered, and the petitioner was caught while attempting to flee. The petitioner’s counsel produced his father’s drug licence but could not furnish purchase records for the seized items. The court found the evidence indicated the petitioner’s involvement in dealing with narcotic substances and was not persuaded by the defence. Consequently, the court refused bail, dismissing the application while reserving its right to pass further orders in the trial.
Issues considered
- Whether bail can be granted to the accused under Section 22(B) of the NDPS Act given the nature of the seized narcotic substances and the circumstances of the arrest.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 22(B)
- narcotic substances
- drug seizure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18302 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- DAWATH District- Rohtas
======================================================
Rajnish Kumar S/O Santosh Kumar Singh R/O Village- Dhawai, P.S.-
Dawath, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.
Mr.Gaurav Govind
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Dawath P.S. Case No. 05 of 2026 registered for the offence
under Sections 22(B) of the NDPS Act.
3. As per the prosecution case, from the business
premises of M/s Sarpanch Medical, the recovery is of 29 pieces
of Buprenorphine Injection I.P. Dolphine of 2 ml each, 880
pieces of Diclofenace Sodium Injection I.P. 75 mg/2ml Leefort
of 2ml each, 260 piece of Phentermine Maleate Injection I.P.
Avil of 2 ml each, 50 pieces of Dispo Van single use
Hypodermic needles and from there the petitioner was caught
when he was trying to flee.
4. The petitioner is in custody since 8.1.2026.
Patna High Court CR. MISC. No.18302 of 2026(2) dt.31-03-2026
2/2
5. Learned senior counsel for the petitioner, though
has tried to defend his client but he could not give any
explanation for the alleged recovery.
6. Learned senior counsel for the petitioner further,
has produced the drug license issued in the name of the father of
the petitioner but he has not been able to provide any purchase
details of the injections and other articles which have been
seized from the premises of Sarpanch Medical.
7. Considering the aforesaid facts of the case, it is
clear that the petitioner has been involved in dealing with
Narcotics Substances and therefore, this Court is not inclined to
grant bail to the petitioner.
8. Accordingly, this application stands dismissed.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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