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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, directing his release on bail with conditions.

Summary

Chandan Kumar was arrested in connection with a case alleging possession of 1,533 litres of codeine cough syrup, recovered from a house under construction that was open to the public. The petitioner contended that the premises were controlled by laborers and masons, so the seizure could not be said to be from his conscious possession, and argued that the FIR was not filed under the NDPS Act, negating the requisite mens rea under sections 35 and 37 of that Act. The State opposed the petition for anticipatory bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedents. The Court examined the factual submissions, noted that the recovery was from an open, under‑construction site and that the FIR did not invoke NDPS provisions, and therefore found no sufficient basis to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged possession of codeine cough syrup.
  • Whether the seizure of the cough syrup can be said to be from the petitioner's conscious possession.
  • Whether the provisions of the NDPS Act are applicable to the FIR and the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • possession
  • codeine
  • conscious possession
  • bail under CrPC
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40186 of 2026
                    Arising Out of PS. Case No.-119 Year-2026 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Chandan Kumar, S/o Late Ramanand Prasad, Resident of village- House No.
                 04, Ganga nagar, Ganpati Apartment, Kamta Check, Near Shemford School,
                 P.S- Gopalpur, District -Patna
                                                                           ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Chitragupta

                   Nagar P.S. Case No.119 of 2026 registered under Section

                   278 of the Bhartiya Nyaya Sanihta, 2023 and Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to have in

                   possession of Codeine cough syrup i.e. 1533 liters.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the house from where the

                   alleged cough syrup was recovered was under construction

                   and it was an open place and accessible by general public. It
Patna High Court CR. MISC. No.40186 of 2026(2) dt.23-06-2026
                                            2/3




          is submitted that the house was totally under the control of

          labour and mason and, therefore, recovery from aforesaid

          premises cannot be said to be recovered from conscious

          possession of this petitioner. It is pointed out that FIR in

          issue was not lodged under N.D.P.S. Act. It is also pointed

          out that as the recovery was made from an open place, the

          petitioner shall not be said to have any culpable mental state

          in view of section 35 of the N.D.P.S. Act as to import the

          rigors of section 37 of the N.D.P.S. Act.

                       5. While concluding argument, it is submitted that

          seizure     list    appears      disputed       as   not   supported   by

          independent witnesses rather by police personnel. Explaining

          criminal antecedent, it is submitted that petitioner found

          involved in one more criminal case, in which he is on bail.

                       6. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking of note of fact as alleged recovery of cough syrup

          prima facie was made from an open place i.e. under

          construction house of the petitioner, coupled with the fact
           Patna High Court CR. MISC. No.40186 of 2026(2) dt.23-06-2026
                                                       3/3




                     that FIR for recovery was not appears lodged under the

                     provisions of N.D.P.S. Act, accordingly, the petitioner,

                     above-named, in the event of his arrest or surrender in the

                     court below within a period of four weeks from today, is

                     directed to 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 Court of learned

                     Special Judge Excise Act-1, Patna in connection with

                     Chitragupta Nagar P.S. Case No.119 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     CrPC/under Section 482(2) of the BNSS.


                                                   (Chandra Shekhar Jha, J.)
    aniket/-

U      T


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