Patna High Court
Sanjay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioners subject to a Rs.10,000 bond, two sureties, verification of antecedent and mandatory weekly police attendance.
Summary
The petitioners, Sanjay Paswan and Ritesh Kumar, applied for bail in a case registered under Section 111 of the BNS and Section 21(C) of the NDPS Act for the alleged recovery of 42 litres of codeine‑rich cough syrup. They had been in custody since 30‑06‑2025 and claimed a clean antecedent. The court examined the quantum of seizure, the period of custody and the petitioners' claim of no prior record. Considering these factors, the court allowed the bail application, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The court also ordered verification of their antecedent and required them to appear at the Maheshkhunt police station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 111 of the BNS and 21(C) of the NDPS Act given the nature and quantity of the seized narcotic substance.
- Whether the condition of antecedent verification and regular police attendance is appropriate for bail in such offences.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine
- clean antecedent
- police attendance
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34379 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- MAHESHKHUNT District- Khagaria
======================================================
1. Sanjay Paswan S/o Late Kulo Paswan R/o Village - Kanhaiya Tola, PS -
Maheshkhunt, District - Khagaria
2. Ritesh Kumar S/o Sanjay Paswan R/o Village - Kanhaiya Tola, PS -
Maheshkhunt, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Budhilal Yadav
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Maheshkhunt P.S. Case No. 99 of 2025 registered for the
offence punishable under Sections 111 of the BNS and Section
21(C) of the N.D.P.S. Act.
3. As per the prosecution case, the recovery is of 42
litres of codeine rich cough syrup from the petitioner.
4. The petitioner is in custody since 30.06.2025 and
claims clean antecedent.
5. Considering the quantum of recovery and period of
custody of the petitioners, this application is allowed.
Patna High Court CR. MISC. No.34379 of 2026(2) dt.03-07-2026
2/2
6. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court in connection with Maheshkhunt
P.S. Case No. 99 of 2025.
7. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners shall not be accepted.
8. As a condition of this order, the petitioners after
being released on bail are directed to mark his attendance at
Maheshkhunt Police Station, District-Khagaria on every Sunday
of the month. Any default in appearance at the police station
will result in cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
Vikas/-
U
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