Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
The petitioner, Aman Kumar, applied for bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 4152 litres of codeine‑based cough syrup and 7200 nitrazepam tablets. He contended that he was merely a labourer, not the driver of the vehicle from which the drugs were seized, and had no knowledge of the narcotics. He further argued that the seizure list witnesses were not independent, Section 105 of the Bihar Narcotic Substances Act was not complied with, the codeine concentration was below 2.5%, and the tablets were of intermediary quantity. The State opposed bail, but the court noted that similarly situated co‑accused had already been granted bail and that the petitioner had no prior criminal record and had been in custody since 1 December 2025. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act despite the alleged possession of large quantities of narcotics.
- Whether the procedural requirements of Section 105 of the Bihar Narcotic Substances Act were complied with.
- Whether the low concentration of codeine and the intermediary quantity of tablets affect bail eligibility.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 21(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- codeine
- nitrazepam
- Section 105
- procedural compliance
- co‑accused
- intermediary quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27701 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Aman Kumar S/o Radheshyam Jha R/o Village - Bangaon Ward No. 4, P.S -
Bangaon, District - Saharsa, At Present Resident of - Jagdeopath Pillar No. 4,
P.S - Shastrinagar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Ms. Eashita Raj, Advocate
For the State : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8(c), 21(B), 21(c), 25, 29
of the N.D.P.S. Act.
3. As per the prosecution case, altogether 4152
liters of Codeine based cough syrup and 7200 tablets of
Nitrazepam were recovered.
4. Learned senior counsel for the petitioner submits
that the petitioner was only a labourer and was not the driver of
the pickup vehicle, from which recovery of Codeine cough
syrup and Nitrazepam Tablet was made. The petitioner had no
idea about the presence of any narcotics substance. Further, the
seizure list witnesses were not independent and the mandatory
Patna High Court CR. MISC. No.27701 of 2026(3) dt.10-06-2026
2/2
provision of Section 105 of B.N.S. was not complied. It has
further been submitted that concentration of codeine in the
present drug is less than 2.5% and the tablets are also of
intermediary quantity. Moreover, other similarly situated co-
accused, namely, Raushan Kumar, Aman Raj and Rishu Kumar
have already been granted bail by a co-ordinate bench of this
Court vide order dated 27.05.2026 passed in Cr. Misc. No.
26086 of 2026. The petitioner has no criminal antecedent and
has been languishing in custody since 01.12.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
other similarly situated co-accused persons have already been
granted bail, let the above named petitioner, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Patna/concerned Court below in connection
with Shastrinagar P.S. Case No. 891 of 2025.
(Soni Shrivastava, J)
priyanka/-
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