Patna High Court
Izhar Alam @ Babbar @ BabbanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted due to the substantial quantity of narcotic syrup seized and the petitioner’s criminal antecedents.
Summary
The petitioner, Izhar Alam, applied for regular bail in an NDNDPS case where a search of his residence yielded 5,000 ml of codeine‑phosphate & triprolidine cough syrup, arms, cash and other narcotic tablets. The prosecution alleged offences under Sections 21 and 22 of the NDPS Act and Sections 21(1‑B)a, 26 and 35 of the Arms Act. The petitioner has been in custody since 31‑08‑2025 and possesses prior criminal antecedents. The court examined the volume of the seized narcotic, noting it exceeded commercial quantities, and considered the seriousness of the offences and the petitioner’s record. Consequently, the court declined to grant regular bail, rejecting the application. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the large quantity of narcotic syrup seized and his criminal antecedents.
Legislation cited
- Arms Act — s. 21(1-B)a, 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22
Subjects
- regular bail
- NDPS Act
- codeine syrup
- arms possession
- criminal antecedents
- seizure of narcotics
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19898 of 2026
Arising Out of PS. Case No.-146 Year-2024 Thana- TATARPUR District- Bhagalpur
======================================================
Izhar Alam @ Babbar @ Babban S/o Late Shahid Alam R/o - Sahadat
Hussain Lane, P.S - Tatarpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh
For the Opposite Party/s : Mr. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
NDPS Case No. 14 of 2025 arising out of Tatarpur P.S. Case
No. 146 of 2024 registered for the offence under Sections 21
and 22 of the NDPS Act and Sections 21(1-B)a, 26 and 35 of the
Arms Act.
3. The prosecution case, in short, is that during the
search of the house of the petitioner, 40 bottles (100 ml each) of
Codeine Phosphate & Triprolidine HCl syrup, an iron pistol, an
iron air gun pistol, 15 currency notes of Rs. 500, 14 notes of Rs.
200, 165 notes of Rs. 100, and 4 notes of Rs. 50 (totaling Rs.
27,000/-), 10 bottles (100 ml each) of Codeine Phosphate &
Triprolidine HCl syrup were recovered. The total quantity of
Patna High Court CR. MISC. No.19898 of 2026(2) dt.01-04-2026
2/2
cough syrup recovered was 5000 ml. Moreover, Mitam Care 10
mg tablets (total 260 tablets) were also recovered, along with 30
ampoules of Tazowin Injection (Pentazocine IP) 30 mg/ml each.
4. The petitioner is in custody since 31.08.2025 and
has criminal antecedents also.
5. I have considered the submissions of the parties and
have gone through the records of the case. The seized cough
syrup from the house of the petitioner is more than commercial
quantity.
6. Considering the aforesaid facts, this Court is not
inclined to grant regular bail to the petitioner. Accordingly, this
application for regular bail stands rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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