Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nyaya Sanihta, 2023 — s. 278
- Bihar Narcotic and Psychotropic Substances Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 35, 37
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
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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
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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/-
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