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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      3/3




                    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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