Created by Fuzzy Cloud

Patna High Court

Sriram Kumar @ Sriram @ Shree Ram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

The petitioner, Sriram Kumar, a motor vehicle repair shop owner, was arrested after police recovered two liters of codeine‑containing cough syrup from his shop. He applied for bail under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that the search and seizure were conducted without an independent witness, violating mandatory procedural requirements. The State opposed bail, but the court noted the violation of the search‑seizure provisions, the petitioner’s clean antecedent, and the fact that the charge‑sheet had already been filed and the investigation was nearing completion. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount. The order was directed to be complied with by the Sessions Judge‑cum‑Special Judge (NDPS) in Sitamarhi.

Issues considered

  • Whether bail should be granted to the accused under Section 21(c) of the NDPS Act in view of alleged violations of mandatory search‑seizure procedures and the accused’s clean antecedent.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • search and seizure violation
  • codeine
  • motor vehicle repair shop
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34768 of 2026
                      Arising Out of PS. Case No.-75 Year-2026 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Sriram Kumar @ Sriram @ Shree Ram Kumar Son of Lalbabu Das Resident
                 of Village- Ramnagra Ward No 10, PS- Kanhauli, District -Sitamarhi
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shankar Kumar, Advocate
                 For the State            :        Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   11-06-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 21(c) of the N.D.P.S. Act.

                                   3. As per the prosecution case, there is recovery of

                   two liters of Wings Onrex syrup (20 bottles of 100 ml each)

                   containing Codeine Phosphate, from a motorcycle repairing shop.

                                   4. Learned counsel for the petitioner has submitted

                   that the petitioner runs a motor vehicle repairing shop and the

                   police recovered 20 bottles of 100 ml each i.e. 2 liters of cough

                   syrup containing Codeine Phosphate, kept in a bucket in the

                   petitioner’s shop. It is also submitted that there were several

                   customers also present in the shop and the petitioner being the

                   owner of the shop, has been made an accused in the present case.

                   It has further been submitted that there is no independent witness
           Patna High Court CR. MISC. No.34768 of 2026(3) dt.11-06-2026
                                                       2/2




                     to the search and seizure, as such, there is violation of the

                     mandatory provisions of the B.N.S.S. The petitioner has been

                     languishing in custody since 13.03.2026 having clean antecedent,

                     charge sheet has been submitted and the investigation has almost

                     come to a close.

                                      5. Learned APP for the State opposed the bail

                     petition.

                                     6.    Taking     into    consideration   the   facts   and

                     circumstances of the case and also considering the fact that there is

                     violation of mandatory provisions of search and seizure coupled

                     with the fact that the petitioner has no criminal antecedent, let

                     these above petitioners, be released on bail on furnishing bail bond

                     of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Sessions Judge-

                     cum-Special Judge (N.D.P.S. Act) Sitamarhi/concerned Court

                     below in connection with Sonbarsa P.S. Case No. 75 of 2026.



                                               (Soni Shrivastava, J)
priyanka/Nitu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.