Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the circumstances did not preclude bail despite the NDPS charge.
Summary
Petitioner Prashant Kumar, a licensed drugstore owner, was arrested and charged under Section 21(c) of the NDPS Act after a police raid recovered various pharmaceutical preparations from his shop. He submitted that his licenses (Nos. 20B and 21B) are valid until 17‑10‑2027, he has no criminal record, and the seized items are Schedule‑H drugs that should be dealt with under the Drugs and Cosmetics Act, not the NDPS Act. The State opposed bail, arguing the NDPS charge was proper. The Court examined the licence validity, the nature of the drugs, and the petitioner’s clean record, and concluded that the bail application could be entertained. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount, subject to the Special Judge (NDPS) in Sitamarhi.
Issues considered
- Whether the seizure of Schedule‑H drugs from a licensed pharmacy justifies prosecution under Section 21(c) of the NDPS Act.
- Whether the petitioner’s valid drug licence and lack of prior criminal record warrant the grant of bail in an NDPS case.
Legislation cited
Subjects
- bail
- NDPS Act
- Schedule‑H drugs
- licensed pharmacy
- Drugs and Cosmetics Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31183 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Prashant Kumar S/o Harihar Kumar R/o - Bairgania Ward No. 13, P.S -
Bairgania, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Saroj Kumar Choudhary, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-05-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Bairgania P.S. Case No.21 of 2026 registered for the
offence punishable under Section 21(c) of the NDPS Act.
3. The case of the prosecution, in short, is that from
the medicine shop of the petitioner, following drugs were
recovered :-
“1.Buprrnorphine injection Batch no- BUF325007
925 Ampule (0.2m per Ampoule) Exp-08-2027
2. Nitzascen-10 – 3000 tab batch no- CBT25- 1352
Exp- 09/2027
3. Nitzascen-10 – 200 tab batch no – CBT25- 1358
Exp-09/2027
4. Spasmo Proxyvon Plus Cap 672 cap B/no
Patna High Court CR. MISC. No.31183 of 2026(2) dt.11-05-2026
2/3
XAA10480 Exp-July2027
5. Diazepam injection- 831 Ampule Bno-
DA2502(0.2m per Ampoule) Exp-03-2027
6. Diazepam injection 81 Ampule Bno-DA2411(0.2m
per Ampoule) Exp-03-2026
7. Codisrin Coughy 100ml Syp-22 bottel Bno- SGL
125003 Exp-08/2027
8. Berry Coff cough 100ml Syp-95 bottel Bno-
JLN25-071 Exp-11/2027
9. Phenergan Injection Batch no NCL0179 – 795
ampoule Exp- 07/2028
10. Cocasdx cough syrup 100ml Bno-25J30699 170
Bottle Exp- 09/2027
11.Cocasdx cough syrup 100ml Bno-25H30832 120
Bottle Exp- 09/2027
12.Cocasdx cough syrup 100ml Bno-25L3113 40
Bottle Exp- 09/2028
13.Cocasdx cough syrup 60ml Bno-25J3145 75
Bottle Exp- 09/2027”
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is bonafide license
holder and he has also annexed the License Retention Letter
which is annexed as Annexure-2. Learned counsel for the
petitioner has submitted that from perusal of the License
Retention Letter it is clear that license no. 20B and 21B are
valid upto 17.10.2027. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 21.01.2026.
5. The drugs which have been recovered from the
Patna High Court CR. MISC. No.31183 of 2026(2) dt.11-05-2026
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possession of the petitioner are at most Schedule-h drug and for
that in Drugs and Cosmetics Act, there is provision that a
separate register has to be maintained. If the register is not
maintained, then also a case under Drugs and Cosmetics Act
should have been filed. It is not a case of NDPS. As the
petitioner is the bonafide license holder, no case is made out
against him.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Special Judge (NDPS), Sitamarhi in connection with Bairgania
P.S. Case No.21 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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