Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and the conditions imposed by the court.
Summary
Ranjan Kumar was arrested on 20‑12‑2025 in connection with a Special NDPS Act case for alleged transport of cough‑syrup containing certain chemicals, seized from two vehicles. The prosecution alleged offences under Sections 21(C) and 8A(C) of the NDPS Act, while the petitioner argued he had no prior criminal record and the seized items did not fall within the definition of narcotic contraband per Notification S.O. 826(E) dated 14‑11‑1985. The court noted that a co‑accused, Shankar Kumar, had been granted bail by a coordinate bench and that the petitioner’s antecedents were clean. Considering these factors, the court held that bail could be granted, subject to a bond of Rs.10,000 with two sureties and specific conditions regarding cooperation, attendance, and non‑tampering with evidence. Accordingly, the petitioner was released on bail with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act for the alleged offences.
- Whether the seized cough‑syrup items constitute contraband covered by the NDPS Act.
- Whether the clean antecedent and the bail granted to a similarly situated co‑accused influence the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 8A(C)
Subjects
- bail
- NDPS Act
- narcotic drugs
- contraband
- clean antecedent
- seizure
- special court
- conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32798 of 2026
Arising Out of PS. Case No.-543 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Ranjan Kumar Son of Late Ravindra Ram Resident of Village and P.S.-
Gaurichak, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Raj Shekhar, learned counsel for the
petitioner and Mr. Sanjay Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.12.2025 in connection with Special (NDPS Act) Case No. 37
of 2026, corresponding to Chowk P.S. Case No. 543 of 2025 for
the offences punishable under Sections 21(C), 8A(C) of NDPS
Act.
3. The case of the prosecution, in brief, is that on
19.12.2025 at about 15.05 hours the informant; got secret
information and on the basis of secret information the informant
recovered two vehicles like Magic bearing Registration No.
BR01GM1108 and Tempo bearing Registration No. BR01GB
6550 near Jhaugani Chiu ni Ghat containing 15-15 box (Peti) in
each box found "Triprolidine Hed o- chloride & Code ne
Phosphate Wiscodin Cough Syrup of 100 ml. Of 110 pieces
Batch no. TBHY0130 dated 06/2025, to al quantity 30 x 160 x
Patna High Court CR. MISC. No.32798 of 2026(2) dt.13-05-2026
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110 ml.= 480 liters which was being transported without legal
document by two persons namely 1. Ranjan Kumar (petitioner)
and 2. Shankar Kumar respectively.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather recovery has been made from
the vehicle in question and for the same set of allegation
similarly situated co-accused person, namely, Shankar Kumar
has been granted bail vide order dated 06.05.2026 passed in Cr.
Misc. No. 28285 of 2026 by a Coordinate Bench of this Court.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and similarly situated
co-accused person has been granted bail by a Coordinate Bench
of this Court and the recovered contraband does not come under
the NDPS Act as per Notification No. S.O. 826(E) dated
14.11.1985, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special (NDPS Act) Court No. 1, Patna in
Patna High Court CR. MISC. No.32798 of 2026(2) dt.13-05-2026
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connection with Special (NDPS Act) Case No. 37 of 2026,
corresponding to Chowk P.S. Case No. 543 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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