Patna High Court
Bajrang KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioner subject to surrender within six weeks and furnishing of bail bonds and sureties under Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act.
Summary
The petitioner, Bajrang Kumar, feared arrest in a narcotics case (PS Case No. 22 of 2026) where 255.8 litres of codeine‑containing cough syrup was seized from the residence of co‑accused Manoj Sardar. The seizure was made under Sections 21(c), 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner contended that he had no possession of the seized material, had no criminal antecedent, and was falsely implicated solely on the co‑accused’s statements. The State opposed the grant of anticipatory bail. After hearing both sides, the Court held that the petitioner could be released on anticipatory bail provided he surrenders within six weeks and furnishes bail bonds and sureties as prescribed. The order was conditioned on compliance with Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the NDPS Act.
- Whether the circumstances justify the grant of bail despite the seriousness of the alleged offence.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 25, 29
Subjects
- anticipatory bail
- NDPS Act
- codeine cough syrup
- false implication
- bail conditions
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31776 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TRIVENIGANJ District- Supaul
======================================================
Bajrang Kumar, Son of Ganga Yadav, Resident of Village - Jitpur, Jeetpur,
Ward No. 2, Police Station - Shankarpur, District - Madhepura (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Adv.
Ms. Maria Nazir, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Triveniganj P.S. Case No. 22 of 2026 dated 11.01.2026,
registered for the offence punishable under Sections 21(c),
22(c), 25 and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The allegation is of recovery of 255.800 litres
codeine containing cough syrup (WISCOF) from the house of
Manoj Sardar, who was apprehended at the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that only on the basis of disclosure made by
Patna High Court CR. MISC. No.31776 of 2026(2) dt.07-05-2026
2/2
the co-accused Manoj Sardar, the petitioner has been made
accused in this case. Nothing has been recovered from the
conscious possession of the petitioner. While the said alleged
codeine cough syrup was recovered from the house of Manoj
Sardar. Lastly, it has been submitted that the petitioner has no
criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Triveniganj P.S. Case
No. 22 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge, Supaul, subject to condition as laid down under
Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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