Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner, holding that the large quantity of seized narcotic substances justified refusal of bail.
Summary
The petitioner, Kunal Kumar, was arrested in connection with the seizure of 2,607 pieces of codeine‑rich cough syrup and charged under Sections 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for regular bail, having been in custody since 31 October 2025. The court examined the quantum of the seizure and, applying the stringent bail standards under the NDPS Act, concluded that the large quantity justified denial of bail. Consequently, the bail application was dismissed, with the court noting that the petitioner may seek bail again if the trial is unduly delayed. The order was limited to the bail application and did not address the merits of the underlying criminal case.
Issues considered
- What is the appropriate bail jurisprudence under the NDPS Act for a case involving a large quantity of seized narcotic substances?
- Whether the quantum of 2,607 pieces of codeine‑rich cough syrup warrants denial of regular bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(C), 29
Subjects
- bail
- NDPS Act
- codeine
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 23471 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Kunal Kumar S/o Motilal Prashad R/o Village- Satwahi Tola Bairgania, PS-
Bairgania, Distt - Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Neetu Jha, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Raxaul P.S. Case No. 466 of 2025 registered for the offence
under Sections 22(C) and 29 of the N.D.P.S. Act.
3. As per the prosecution case, the recovery is of 2607
pieces of codeine rich cough syrup from the petitioner.
4. The petitioner is in custody since 31.10.2025.
5. Considering the quantum of recovery, this Court is
not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. If the trial of the petitioner is delayed by the
prosecution, then the petitioner may renew his prayer for bail.
8. It is, however, clarified that the observations made
Patna High Court CR. MISC. No. 23471 of 2026(3) dt.13-05-2026
2/2
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
sadique/-
U T
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