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Patna High Court

Sanjay PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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