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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the intermediate quantity of narcotic substance does not justify regular bail.

Summary

Ajit Kumar was arrested in connection with the recovery of 21 bottles of Triprolidine Hydrochloride and Codeine Phosphate syrup, alleged to be an intermediate quantity of a narcotic cough syrup. He filed an application for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offence under the NDPS Act. The Patna High Court, after considering the nature and quantity of the seized narcotic, held that the circumstances did not warrant the grant of bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a case involving possession of an intermediate quantity of narcotic cough syrup under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • intermediate quantity
  • possession of narcotic
  • criminal procedure
  • cough syrup

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42316 of 2026
                    Arising Out of PS. Case No.-139 Year-2026 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Ajit Kumar S/o Chandravir Kumar @ Chandravir Chorbar @ Chandravir
                 Chobar Resident of Village- Khaira Math, P.S.Jaynagar, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Jaynagar P.S. Case No. 139/2026 registered for the offences

                   punishable under Sections 8, 20(b) (11)(b) of N.D.P.S. Act and

                   Section 317(5) of B.N.S.

                                3. As per the prosecution case, the recovery is of 21

                   bottles of Triprolidine Hydrochloride and Codeine Phosphate

                   (Korcof-C) Syrup.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and

                   he is in custody since 26.03.2026. The petitioner undertakes to

                   co-operate in the case/ trial.
              Patna High Court CR. MISC. No.42316 of 2026(2) dt.29-06-2026
                                                          2/2




                                      5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                      6. Considering the recovery of intermediate quantity

                        of cough syrup, this Court is not inclined to grant bail to the

                        petitioner.

                                      7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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