Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
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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