Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(11)(b), 20(b), 8
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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