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Patna High Court

Dilip Kumar Yadav @ Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the anticipatory bail application must be rejected as the prima facie evidence indicated possession of a commercial quantity of buprenorphine and a culpable mental state.

Summary

The petitioner, Dilip Kumar Yadav, was named in an FIR for alleged offences under Sections 21(b), 22(c), 25(A) and 29 of the NDPS Act after a police raid seized large quantities of buprenorphine and related injections from his residence. He sought anticipatory bail, arguing that the drugs were found in a house occupied by multiple adult family members, that the search did not comply with Section 103(4) of the BNSS, and that there were no independent witnesses to the seizure list, asserting his clean antecedents. The State contended that the quantity of buprenorphine recovered exceeded the commercial threshold, that the petitioner, being the son of a co‑accused residing in the same house, could not deny a culpable mental state, and that Section 37 of the NDPS Act precludes bail. The court examined the prima facie evidence, noting the commercial quantity of the drugs and the apparent mental culpability, and concluded that the bail application could not be entertained. Consequently, the anticipatory bail petition was rejected.

Issues considered

  • Whether anticipatory bail can be granted when the seized narcotic quantity exceeds the commercial threshold under the NDPS Act.
  • Whether the alleged non‑compliance with Section 103(4) of the BNSS affects the bail eligibility.
  • Whether the petitioner can be said to possess a culpable mental state despite the presence of other adult occupants in the house.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • commercial quantity
  • drug possession
  • culpable mental state
  • search compliance
  • seizure
  • buprenorphine

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36495 of 2026
                        Arising Out of PS. Case No.-91 Year-2026 Thana- SUPAUL District- Supaul
                 ======================================================
                 Dilip Kumar Yadav @ Dilip Kumar S/o Kameshwar Yadav R/o Village -
                 Lalganj, Ward no. 11, P.S. - Supaul, Dist. - Supaul.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Pratibha Srivastava, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   15-06-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Supaul P.S. Case

                   No. 91 of 2026 registered for the offences punishable under

                   Sections 21(b), 22(c), 25(A), 29 of NDPS Act.

                                3. As per FIR upon raid on 04.02.2026, the police

                   seized 65 pieces of NRx Buprenorphine Injection I.P

                   LEEGESIC, 600 pieces of NRx Buprenorphine Hydeochloride

                   Injection I.P. Batch No. NB- 521, 480 pieces of Pheniramine

                   Maleate Injection I.P. (A VIL) Batch No. 321325033 and

                   130 pieces of Pheniramine Maleate Injection IP (AVIL) Batch

                   No. 321325030 from the house of the petitioner.
Patna High Court CR. MISC. No.36495 of 2026(2) dt.15-06-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that upon raid the father of the

          petitioner was apprehended by police with seized drugs

          leading to implication of petitioner as he is the son and also

          residing in same house. It is pointed out that as the house,

          in issue, is occupied by different adult family members,

          therefore, it cannot be said that recovery of alleged

          contraband/ drug was made from conscious physical

          possession of this petitioner. It is also submitted that the

          search of house was not in compliance with Section 103(4)

          of the BNSS and moreover, the seizure list not appears

          supported by independent witnesses. Petitioner calimed clean

          antecedent.

                       5. Learned APP while opposing the prayer of bail

          submitted that contraband in this case is “Buprenorphine”.

          In this context it is further submitted that any recovery

          above 20 grams is commercial quantity in case of

          “Buprenorphine”,             therefore,      total   of   665   piece   of

          Buprenorphine injection suggests that the recovery was

          above commercial quantity. It is also submitted that
              Patna High Court CR. MISC. No.36495 of 2026(2) dt.15-06-2026
                                                          3/3




                        petitioner is the son of the apprehended co-accused person

                        living in the same house and therefore, he is not in position

                        to negate         his    culpable       mental       state   qua recovered

                        contraband. It is also submitted that in view of rigors

                        available under Section 37 of NDPS Act, the petitioner is not

                        entitled for bail.

                                      6. In view of aforesaid factual submission and by

                        taking note of fact as prima-facie the recovery of contraband

                        appears more than commercial quantity, where the factual

                        aspect of this case suggesting prima-facie that petitioner was

                        under      culpable      mental         state    qua     recovered   drugs,

                        accordingly, the prayer for anticipatory bail of petitioner

                        stands rejected.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T


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