Patna High Court
Pardhum Das @ Pradhumn DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as there is no embargo under Section 37 and the petitioner is entitled to bail subject to prescribed conditions.
Summary
Petitioner Pardhum Das was arrested on 13-04-2024 for alleged offences under Sections 21(c) and 22(c) of the NDPS Act, relating to the recovery of 5 litres of codeine‑rich cough syrup. Earlier bail applications had been rejected twice. The petitioner argued that he has a clean antecedent, that the seized quantity is below the commercial threshold, and that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, thus no embargo under Section 37 should apply. The court examined these submissions, noted the prolonged pre‑trial detention of over two years, and concluded that bail could be granted. Accordingly, the court ordered release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification.
Issues considered
- Whether bail can be granted in a case involving offences under Sections 21(c) and 22(c) of the NDPS Act.
- Whether the quantity of narcotic seized (5 litres) falls below the commercial quantity, thereby negating the embargo provision of Section 37.
- Whether non‑compliance with mandatory provisions of Sections 42 and 50 of the NDPS Act affects the grant of bail.
- Whether the petitioner’s clean criminal antecedent and prolonged pre‑trial custody justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 37, 42, 50
Subjects
- bail
- NDPS Act
- codeine
- commercial quantity
- embargo
- criminal antecedent
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22223 of 2026
Arising Out of PS. Case No.-79 Year-2024 Thana- JOGBANI District- Araria
======================================================
Pardhum Das @ Pradhumn Das S/o Bahuran Das R/o Village - Indra Nagar,
Ward No. 10 (Tikuliya Basti), P.S - Jogbani, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
: Mr. Bishwajeet Singh, Advocate
: Mr. Kundan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioner as well as Mr. Syed Mojibur Rahman, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.04.2024 in Jogbani Case No. 79 of 2024, F.I.R. dated
13.04.2024 for the offences punishable under Sections 21 (c)
and 22(c) of the Narcotic Drugs & Psychotropic Substance Act,
1985.
3. Recovery is of 5 liters of Codeine rich Eskuf cough
Syrup. Earlier the bail application of the petitioner was rejected
twice vide order dated 07.08.2024 and 14.02.2025 in Cr. Misc.
No. 48961 of 2024 and Cr. Misc. No. 1774 of 2025.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
altogether 50 bottles of Codeine rich Eskuf cough Syrup, each
bottles contains 100 ml each was recovered from the possession
of the petitioner. He further submits that there is non-
compliance of the mandatory provision of Sections 42 and 50 of
the N.D.P.S. Act and it appears that the recovered contraband is
less than the commercial quantity. Hence, there is no embargo
under Section 37 of the N.D.P.S Act for grant of bail to the
petitioner. He further submits that the police after investigation
submitted the charge sheet. The petitioner is in custody since
13.04.2024 i.e. for more than two years.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances ,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Session
Judge-cum-Special Judge, NDPS, Araria in connection with
Jogbani Case No. 79 of 2024, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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