Patna High Court
Sheikh Sumer @ Sk. Sumer @ SumerversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to regular bail and the bail application is disposed in his favour.
Summary
The petitioner, Sheikh Sumer, a driver, was arrested after police intercepted a truck at a toll plaza and recovered 29,000 bottles of codeine cough syrup, leading to charges under Sections 8(C), 21(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner claimed innocence and sought regular bail, while the State opposed the bail. The court noted that the petitioner was merely the driver and that the case involved larger co‑accused with nationwide implications. Consequently, the court confirmed the petitioner’s regular bail, directing him to remain on the existing bail bond. The court also instructed the Superintendent of Police, Purnia, to continue investigations against the main accused and other co‑accused, and disposed of the bail application.
Issues considered
- Whether the driver accused under Sections 8(C), 21(C), 25 and 29 of the NDPS Act is entitled to regular bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 25, 29, 8(C)
Subjects
- bail
- NDPS Act
- drug trafficking
- codeine cough syrup
- regular bail
- driver
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46736 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- Marnga District- Purnia
======================================================
Sheikh Sumer @ Sk. Sumer @ Sumer Son of Jaan Mohammad Sheikh R/o
Hina Nagar, Rasidpura, P.S.- Rasidpura, District - Aurangabad (Maharastra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 09-02-2026 Heard the learned Senior Counsel for the petitioner
and the learned APP for the State.
2. The petitioner seeks bail in connection with
Maranga P.S. Case No. 164 of 2025 registered for the offence
under Sections 8(C), 21(C), 25 and 29 of the NDPS Act.
3. As per the prosecution story, on receiving secret
information, the SHO of Maranga P.S. formed a raiding team
with police and a deputed Magistrate. A truck was intercepted at
the toll plaza and searched. From beneath bags of chura, 29,000
bottles of codeine cough syrup were recovered. The driver was
arrested and vehicle seized.
4. The learned Senior Counsel for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in the present case.
Patna High Court CR. MISC. No.46736 of 2025(9) dt.09-02-2026
2/2
5. The learned counsel for the State, on the other
hand, has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the fact that the petitioner is the driver
of the said vehicle and his prayer for regular bail is confirmed,
he will remain on the same bail bond. So far as the other co-
accused persons are concerned, the Superintendent of Police,
Purnia is directed to take all appropriate measures in the
investigation, as this case has all India ramification and the main
accused, namely, Shubham Jaiswal of U.P., who has been
pursued by the U.P. Police and the Enforcement Directorate and
another co-accused Bhola Prasad has also been arrested in
connection with Robertganj P.S. Case No. 1191 of 2025. The
Superintendent of Police, Purnia is directed to take appropriate
action in this case.
7. Accordingly, the bail application is disposed of.
(Sandeep Kumar, J.)
Jyoti Kumari/-
U T
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