Patna High Court
Sudhir Kumar @ Sudhir Prasad Sah @ Sudhir SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed.
Summary
Sudhir Kumar applied for bail in a case registered under Section 21(c) of the NDPS Act for the alleged recovery of 26 litres of codeine‑rich cough syrup. He has been in custody since 11 January 2026. The prosecution presented the quantity of the seized narcotic as a factor against granting bail. The court, after hearing counsel, held that the large quantum of the drug recovery warranted denial of bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to an accused under Section 21(c) of the NDPS Act when a large quantity of narcotic (26 litres of codeine‑rich cough syrup) has been seized.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine
- drug seizure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21921 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- KHAGARIA District- Khagaria
======================================================
Sudhir Kumar @ Sudhir Prasad Sah @ Sudhir Sah Son of Upendra Sah R/o
Shobhni, P.S. - Gangaur, Dist. - Khagaria, India.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shankar Roy
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khagaria(Gangaur) P.S. Case No. 16 of 2026 registered for the
offence under Section 21(c) of the NDPS Act.
3. As per the prosecution case, the recovery is of
26 liters of codeine rich cough syrup.
4. The petitioner is in custody since 11.01.2026.
5. Considering the quantum of recovery, this Court
is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. 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
Patna High Court CR. MISC. No.21921 of 2026(2) dt.08-04-2026
2/2
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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