Patna High Court
Anisha KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding no embargo under Section 37 of the NDPS Act.
Summary
Anisha Khatoon was arrested on 17 February 2026 in connection with an Excise case for alleged possession of 1.4 litres of codeine syrup, alleged to be 14 bottles of SHIFEX‑T cough syrup, under Section 21(c) of the Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985. The petitioner pleaded that she has a clean antecedent, was falsely implicated, and that the seized quantity is below the commercial quantity, rendering the mandatory provisions of Sections 41, 42 and 50 of the NDPS Act inapplicable and negating the embargo provision of Section 37. The Additional Public Prosecutor opposed bail. The Court examined the statutory framework and, noting the lack of a commercial quantity and the petitioner’s status as a woman, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying the bail.
Issues considered
- Whether bail can be granted to a person accused under Section 21(c) of the NDPS Act when the seized quantity is less than the commercial quantity.
- Whether the mandatory provisions of Sections 41, 42 and 50 of the NDPS Act have been complied with, affecting the applicability of the embargo under Section 37.
- Whether the petitioner’s gender and clean antecedent warrant bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 21(c), 37, 41, 42, 50
Subjects
- bail
- NDPS Act
- codeine syrup
- commercial quantity
- Section 37 embargo
- gender
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25311 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- DHAMDAHA District- Purnia
======================================================
Anisha Khatoon W/o- Md. Saddam Hussain Resident Of Ward No. 06,
Kukroan, P.S. - Dhamdaha, District - Purnea (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Neeraj Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Neeraj Kumar Gupta, learned counsel for
the petitioner and Mr. Rabindra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in Excise Dhamdaha Case No. 25 of 2026, F.I.R.
dated 16.02.2026 for the offences punishable under Sections 21
(c)of the Narcotic Drugs & Psychotropic Substance Act, 1985.
3. Recovery is of 1.400 litres of Codeine Syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. It appears from the FIR that
altogether 14 bottles of “SHIFEX-T” cough syrup (Triprolidine
Hydrochloride and Codeine Phosphate Syrup), each bottles
contains 100 ml was recovered from the house of the petitioner
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and as per allegation in the FIR, upon arrival of the police team,
the petitioner attempted to flee from the house. He further
submits that there is non-compliance of the mandatory provision
of Sections 41, 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 and the petitioner, being a
women is rotting in custody since 17.02.2026.
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 Special
Judge, (N.D.P.S Act), Purnea in connection with Dhamdaha
Case No. 25 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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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 her
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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