Patna High Court

Rishav kumar ChoudharyversusThe State of Bihar

Decided: 1 July 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioner’s ownership of the vehicle did not merit relief in view of the seizure of a substantial quantity of narcotic drug.

Summary

The petitioner, Rishav Kumar Choudhary, is the registered owner of a Mahindra Bolero from which 1,176 liters of codeine‑containing Wiscof cough syrup were seized. He was charged under Sections 21(C) and 22(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for anticipatory bail, arguing that mere ownership of the vehicle should not render him liable. The Court examined whether ownership alone suffices to justify granting anticipatory bail in a case involving a large quantity of a prohibited drug. It held that the seizure of a substantial quantity of narcotic substance outweighs the petitioner's claim of mere ownership. Consequently, the Court rejected the anticipatory bail application, dismissing the petition.

Issues considered

Whether anticipatory bail can be granted to the registered owner of a vehicle from which a large quantity of narcotic drug is seized under the NDPS Act

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 22(C)

Subjects

anticipatory bail
NDPS Act
narcotic seizure
vehicle ownership
codeine

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.29927 of 2026
                       Arising Out of PS. Case No.-434 Year-2025 Thana- EXCISE NAUGACHIA District-
                                                          Bhagalpur
                    ======================================================
                    Rishav kumar Choudhary son of subodh choudhary Resident of Village-
                    Barahat PS -Barahat District- Banka
                                                                         ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                                  ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     Mr.Ankit Raj
                    For the Opposite Party/s :     Mr.Anant Kumar 1
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      01-07-2026                  Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in Excise

                      Naugachia P.S. Case No. 434 of 2025, registered for offence

                      under Sections 21(C), 22(C) of the N.D.P.S. Act.

                                   3. Total 1176 liters of codeine containing Wiscof

                      Cough Syrup was recovered from a Mahindra Bolero pick-up

                      vehicle, of which, this petitioner is registered owner.

                                   4. Considering the fact that petitioner is registered

                      owner of the vehicle, from which, aforesaid recovery has been

                      effected,      the prayer for anticipatory bail of petitioner is

                      rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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