Patna High Court
Sriram Kumar @ Sriram @ Shree Ram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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