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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the recovery of a commercial quantity of narcotic precludes regular bail.

Summary

The petitioner, Aman Kumar, sought regular bail in an NDNDPS case where his father's house was raided and 39 liters of codeine phosphate and tripolidine HCL syrup were seized. The prosecution alleged offences under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner claimed innocence and alleged false implication, having been in custody since 1 June 2025. The court considered the recovery of a commercial quantity of narcotic, which under the NDPS Act is a strong ground to deny bail. Consequently, the court was not inclined to grant bail and dismissed the application. The judgment was limited to the bail application and did not express any opinion on the merits of the trial.

Issues considered

  • Whether regular bail can be granted to an accused in an NDPS case involving recovery of a commercial quantity of narcotic.
  • Whether the allegations under Sections 8 and 20(b)(ii)(c) of the NDPS Act justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • codeine
  • regular bail
  • narcotic drugs

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21177 of 2026
                      Arising Out of PS. Case No.-159 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Aman Kumar S/O Phulo Singh @ Krishna Dev Singh R/O Village -
                 Pansalwa, P.S- Beldaur, Distt.- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Om Prakash Maharaj
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Beldaur P.S. Case NO.

                   159 of 2025/ NDPS Special Case No. 16 of 2025 registered for

                   the offence under Sections 8 and 20(b)(ii)(c) of the NDPS Act.

                                   3. As per the prosecution case, the police raided

                   the house of one Fulo Singh and from his house 39 liters of

                   codeine phosphate and tripolidine HCL syrup has been

                   recovered. The petitioner is the son of Fulo Singh.

                                   4. The petitioner is in custody since 01.06.2025.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case.
          Patna High Court CR. MISC. No.21177 of 2026(2) dt.30-04-2026
                                                      2/2




                                    6. Considering the recovery of more than

                    commercial quantity of codeine, this Court is not inclined to

                    grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. 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

                    expressed any opinion on the merits of the case.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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