Patna High Court
Suraj Kumar @ Suraj Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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
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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
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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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