Patna High Court
Niraj Kumar @ Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioner, Niraj Kumar, sought anticipatory bail fearing arrest in an NDPS case where 548 litres of codeine‑rich cough syrup were seized from a pick‑up van. The prosecution alleged that the seizure involved a commercial quantity punishable under Sections 21(C), 22(C) and 25 of the NDPS Act. The petitioner’s name appeared in the self‑inculpatory statement of co‑accused Rajan Rai, who claimed the syrup belonged to the petitioner. The State opposed the bail, citing the seriousness of the offence and the precedent of State of Haryana v. Samrath Kumar. Relying on that Supreme Court decision, the High Court declined to grant anticipatory bail, noting the observations were prima facie and limited to the bail application. The application was dismissed.
Issues considered
- Whether anticipatory bail can be granted to a person named in a recovery of commercial quantity of codeine under the NDPS Act.
- Whether the precedent set by State of Haryana v. Samrath Kumar (2022) precludes granting bail in such circumstances.
- Whether the self‑inculpatory statement of a co‑accused establishes a prima facie case sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 22(C), 25
Subjects
- anticipatory bail
- NDPS Act
- codeine seizure
- commercial quantity
- self‑inculpatory statement
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27207 of 2026
Arising Out of PS. Case No.-690 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Niraj Kumar @ Naresh Kumar S/o Harishchandra Patel @ Harishchandra
Ray Resident of village - Ward No 05, Patel Nagar, P.S - Sonbarsa, District -
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sitamarhi Excise P.S. Case No. 690 of 2025, registered for
offences punishable under Sections 21(C) /22(C) /25 of NDPS
Act.
3. As per the prosecution case, the recovery is of 548
litres of codeine rich cough syrup from a pick-up van.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The name of the petitioner has transpired in the self inculpatory
statement of one Rajan Rai who has said that the syrup belongs
to the petitioner and Rajan Rai has also said that the petitioner
Patna High Court CR. MISC. No.27207 of 2026(2) dt.06-05-2026
2/2
and Rajan Rai was in constant touch on a mobile phone.
5. Learned APP for the State has vehemently opposes
the prayer for bail.
6. Considering the facts and circumstances of the case
and petitioner is named in the recovery of commercial quantity
of codeine and considering the law laid down by Hon’ble
Supreme Court in the case of The State of Haryana vs.
Samrath Kumar, 2022 SCC Online SC 2087, this Court is not
inclined to grant the privilege of anticipatory bail to the
petitioner, this application is dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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