Created by Fuzzy Cloud

Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

Suraj Kumar applied for bail in a case registered under Sections 21(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging possession of a large quantity of narcotic substances recovered from his residence. The prosecution’s recovery list included hundreds of capsules and syrups of various controlled drugs. The petitioner argued for bail, but the court noted the substantial quantity seized as indicative of the seriousness of the offence. Considering the gravity of the alleged drug offences and the volume of narcotics involved, the court was not inclined to grant bail. Consequently, the bail application was dismissed, with the court clarifying that its observations were limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving large quantities of narcotic drugs under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • controlled substances
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 22080 of 2026
                    Arising Out of PS. Case No.-168 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
                 Suraj Kumar S/o- Munna Prasad Resident of Tumariya Tola, Ward No. 04,
                 P.S. - Haraiya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhurendra Kumar, Advocate
                 For the State            :        Mr.Rabindra Kumar, APP
                 ======================================================
                 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

                   Haraiya P.S. Case No. 168 of 2025 registered for the offence

                   punishable under Sections 21(c), 23(c) and 29 of the N.D.P.S.

                   Act.

                                 3. As per the prosecution case, the following

                   recoveries were made from the house of the peititoner:-

                                 i. Proximo-Spas 288 capsules,
                                 ii. Tramadol 1720 capsules,
                                 iii.Nitrazepam ip 10 mg 5940 tables,
                                 iv. I-SPA-Pro 144 capsules,
                                 v. Onscen Syrup 36 pieces of 100 ml each,
                                 vi. Berrycof syrup 39 pieces of 100ml each,
                                 vii.         Codinext Syrup 4 pieces of 100ml each,
                                 viii.        Wiscorex Syrup 17 pieces of 100ml each,
           Patna High Court CR. MISC. No. 22080 of 2026(2) dt.08-04-2026
                                                       2/2




                                  ix. Onerex Syrup 4 pieces of 100 ml

                                  4. Considering the huge recovery from the house of

                     the petitioner, I am not inclined to grant bail to the petitioner.

                                  5. Accordingly, the application stands dismissed.

                                  6. 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)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.