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Patna High Court

Pardhum Das @ Pradhumn DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.22223 of 2026(2) dt.06-04-2026
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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
            Patna High Court CR. MISC. No.22223 of 2026(2) dt.06-04-2026
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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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