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Patna High Court

Sintu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

The petitioner, Sintu Kumar, applied for regular bail in a case registered under Sections 8(c), 21(c), 25 and 29 of the NDPS Act, alleging possession of a commercial quantity of codeine‑rich cough syrup. The prosecution disclosed a total seizure of 1,027 litres of the syrup, of which 15 litres were recovered from the petitioner's bag pack. The petitioner has been in custody since 16 January 2026. The Court considered the large commercial quantity involved and, applying the stringent bail provisions of the NDPS Act, found the circumstances unsuitable for granting bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail can be granted in an NDPS case involving a commercial quantity of a narcotic substance.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine
  • commercial quantity
  • regular bail
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.39553 of 2026
                   Arising Out of PS. Case No.-46 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
                  ======================================================
                  Sintu Kumar Son of Sushil Yadav Resident of Gaurdah, P.S. - Salkhua,
                  District - Saharsa.
                                                                        ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Pankaj Kumar Singh
                  For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    22-06-2026                    Heard the parties.

                                 2. The petitioner seeks regular bail in connection with

                    Ramkrishna Nagar P.S. Case No. 46 of 2026 registered for the

                    offence under Sections 8(c), 21(c), 25, 29 of the NDPS Act.

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

                    1027 liters of codeine rich cough syrup out of which 15 liters

                    have been recovered from the bag pack of the petitioner.

                                 4. The petitioner is in custody since 16.01.2026.

                                 5. Considering the recovery of commercial quantity of

                    codeine rich cough syrup from the petitioner, this Court is not

                    inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

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