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Patna High Court

Randhir Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Randhir Kumar Singh was charged under Sections 21(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 1,680 bottles of codeine cough syrup recovered from an Innova car. The petitioner contended that he was neither the driver nor the owner of the vehicle and that the search and seizure lacked an independent witness, violating mandatory procedural provisions. He also pointed out that a co‑accused, Kanhai Mahto, had already been granted bail by a coordinate bench of the same court. The State opposed bail, arguing that the large quantity seized justified continued detention. Considering the alleged procedural lapses and the precedent of bail to the co‑accused, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act despite the large quantity of narcotics seized
  • Whether the alleged violation of mandatory search and seizure provisions warrants bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • search and seizure
  • procedural violation
  • codeine cough syrup
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36351 of 2026
                      Arising Out of PS. Case No.-32 Year-2026 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Randhir Kumar Singh S/o Late Shatrughan Singh R/o Village- Somi Dumra,
                 P.S- Ara Muffasil, Dist- Ara Bhojpur.
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-06-2026                    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), 25 and 29 of the

                   N.D.P.S. Act.

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

                   of 1680 bottles of codeine cough syrup from Innova car.

                                   4. Learned counsel for the petitioner submits that

                   the recovery of 1680 bottles of codeine cough syrup from

                   Innova car does not relate to the petitioner as the petitioner was

                   neither the driver nor the owner of the said vehicle. There is no

                   independent witness to the search and seizure, as such,

                   mandatory provisions have also been violated. It has also been

                   pointed out that the petitioner has been made accused along

                   with one Kanhai Mahto with the allegation that they were both
            Patna High Court CR. MISC. No.36351 of 2026(2) dt.10-06-2026
                                                        2/2




                      travelling on the said car and the said Kanhai Mahto has been

                      granted the privilege of bail by a Co-ordinate Bench of this

                      Court vide order dated 05.05.2026 passed in Cr. Misc.

                      No.29320 of 2026. The petitioner has no criminal antecedent

                      and is in custody since 07.02.2026 and charge-sheet has also

                      been submitted.

                                      5. Learned APP for the State opposed the grant of

                      bail on the ground that the recovery is of huge quantity.

                                     6. Taking into consideration the facts and

                      circumstances and considering the violation of mandatory

                      provisions of search and seizure, coupled with the fact that

                      similarly situated co-accused has been granted bail by a Co-

                      ordinate Bench of this Court, let the above named petitioner, 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 (NDPS), Supaul/concerned Court below in

                      connection with Bhaptiyahi P.S. Case No. 32 of 2026.



                                                (Soni Shrivastava, J)
anand/-
U       T


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