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Patna High Court

Suraj Kumar @ Suraj Kumar PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions.

Summary

The petitioner, Suraj Kumar Patel, was arrested on 28 Oct 2025 in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for allegedly supplying codeine‑containing cough syrup. The prosecution’s case rests solely on the confessional statement of co‑accused Mahesh Prasad Kushwaha, who claimed to have bought the bottles from the petitioner’s medical shop; no contraband was recovered from the petitioner’s possession or premises. The petitioner contended that he has a clean antecedent, is not named in the FIR, and that the allegation is fabricated. The court observed that a similarly situated co‑accused had already been granted regular bail and that there is no material linking the petitioner to the seized articles. Considering these circumstances, the court ordered the release of the petitioner on bail of Rs 10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering.

Issues considered

  • Whether bail can be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when the only evidence is a co‑accused’s confession and no incriminating article is recovered from the accused’s possession.
  • Whether the petitioner’s clean antecedent and the grant of bail to a similarly situated co‑accused justify bail in this case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine
  • drug offence
  • clean antecedent
  • confessional statement
  • co‑accused
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4602 of 2026
                     Arising Out of PS. Case No.-185 Year-2025 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Suraj Kumar @ Suraj Kumar Patel S/o Hiralal Rai @ Hiralal Patel R/o
                 -Bairgania, PS- Bairgania, Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate

                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                   Heard Mr. Hans Lal Kumar, learned counsel for the

                   petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   28.10.2025 in connection with Bairgania P.S. Case No. 185 of

                   2025, F.I.R. dated 05.09.2025 for the offences punishable under

                   Section 8(c)/21(b) of the NDPS Act.

                                 3. According to prosecution case, total 18 bottles of

                   Onerex cough syrup containing codeine was recovered from the

                   conscious possession of co-accused person, namely, Mahesh

                   Prasad Kushwaha.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.4602 of 2026(2) dt.28-01-2026
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          implicated in the present case. Learned counsel further submits

          that the petitioner is not named in the FIR, the name of the

          petitioner has been transpired on the basis of confessional

          statement of apprehended co-accused person, namely, Mahesh

          Prasad Kushwaha and he has alleged that he has purchased the

          bottles from the medical shop of the petitioner. Learned counsel

          further submits that the allegation as alleged in the FIR is false

          and fabricated and the petitioner has not committed any offence

          as alleged in the FIR and no incriminating article has been

          recovered from the shop of the petitioner except the disclosure

          made by the apprehended co-accused person no other material

          has come during investigation against the petitioner to suggest

          the involvement of the petitioner in the present occurrence.

          Similarly situated co-accused person, namely, Mahesh Prasad

          Singh has been granted regular bail by this Court vide order

          dated 22.01.2026 passed in Cr. Misc. No. 87953 of 2025 and

          the police after investigation, submitted chargesheet against the

          petitioner and he is in custody since 28.10.2025.

                       5. Learned APP has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and also the fact that the petitioner having clean
Patna High Court CR. MISC. No.4602 of 2026(2) dt.28-01-2026
                                            3/4




          antecedent and no incriminating article has been recovered from

          the conscious possession of the petitioner and similarly situated

          co-accused person, whose possession the recovered contraband,

          has been recovered has been granted bail by this Court, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Judge, Sitamarhi in connection with Bairgania P.S. Case No.

          185 of 2025, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.4602 of 2026(2) dt.28-01-2026
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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