Patna High Court
Lalan Kumar Paswan @ Lalan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the regular bail application, denying bail to the petitioner.
Summary
The petitioner, Lalan Kumar Paswan, was arrested on 10 April 2026 after police recovered 112 bottles of codeine‑containing syrup from his courtyard and apprehended him red‑handed. He applied for regular bail in a case registered under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed innocence, while the State argued that there was prima facie evidence of his involvement and highlighted a prior criminal antecedent under the Excise Act. The court examined the seriousness of the offence, the material evidence, and the petitioner’s criminal record. Concluding that the nature of the offence and the prima facie material warranted denial of bail, the court dismissed the regular bail application. The judgment clarified that its observations were limited to the bail application and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 20 and 21 of the NDPS Act.
- Whether the presence of prima facie material and a prior Excise Act conviction justifies denial of bail.
Legislation cited
Subjects
- regular bail
- NDPS Act
- codeine
- prima facie evidence
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43873 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Lalan Kumar Paswan @ Lalan Paswan S/o Sukan Paswan Resident of
Village- Yogia, Ward No. 2, P.S.- Ladaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ladaniya P.S. Case No. 138 of 2026 registered for the offence
under Sections 20 and 21 of the NDPS Act.
3. As per the prosecution case, 112 bottles of syrup
containing codeine (100 ml each) were recovered from the
courtyard of the petitioner, from where he was also apprehended
red-handed.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 10.04.2026.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
Patna High Court CR. MISC. No.43873 of 2026(2) dt.08-07-2026
2/2
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. It is also submitted that the petitioner has one criminal
antecedent under the Excise Act.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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