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Patna High Court

Ashish Kumar Agrawal @ Ashish AgrawalversusUnion of India through Narcotics Control Bureau Patna, bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the nature of the accusation and the large quantity of narcotics recovered warranted denial of relief.

Summary

The petitioner, Ashish Kumar Agrawal, sought anticipatory bail after being implicated in an NCB case involving the seizure of 1,200 bottles of codeine‑based cough syrup. The FIR alleged that the seized goods were purchased from the petitioner, leading to accusations under sections 8(C), 21(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner claimed innocence, a clean antecedent, and that the implication was merely suspicion. The State opposed the bail, emphasizing the seriousness of the offence and the large quantity seized. The Court, after hearing both sides, held that the nature of the accusation and the volume of drugs warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the NDPS Act given the alleged offences and quantity of drugs seized

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • drug trafficking
  • codeine cough syrup
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28608 of 2026
                   Arising Out of PS. Case No.-16 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                       District- Patna
                 ======================================================
                 Ashish Kumar Agrawal @ Ashish Agrawal Son of Mukund Lal Agrawal
                 Resident of Village - 57, Mainatali (in front of Savita Katra ), Ps-
                 Mughalsarai, Dist- Chandauli UP

                                                                           ... ... Petitioner/s
                                                   Versus
                 Union of India through Narcotics Control Bureau Patna, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Manendra Kumar Sinha
                 For the Opposite Party/s :     Mr. Radhika Raman, Sr. Panel
                                                Mr. Manoj Kumar Singh, CGC
                                                Mr. Ankit Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in NCB Case No. 16 of

                   2022 registered for the offences 8(C), 21(C) 25 and 29 of the

                   Narcotic Drugs and Psychotropic Substances Act.

                                 3. As per F.I.R., 1200 bottles of DIALEX-XC each

                   containing 100 ml. Codeine based cough syrup was recovered

                   from the truck bearing registration no. MH06AC8655 and two

                   persons including the driver were apprehended who disclosed

                   that the seized item in question was purchased from this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner
              Patna High Court CR. MISC. No.28608 of 2026(2) dt.30-04-2026
                                                          2/2




                        has falsely been implicated in this case only on suspicion.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and huge

                        quantity of recovery, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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