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Patna High Court

Manjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that bail is not entitled as per Section 37(1)(b)(ii) of the NDPS Act due to the petitioner’s repeated alleged involvement and the large quantity of narcotic seized.

Summary

Manjeet Kumar was arrested in connection with a case involving the recovery of 1,270 litres of codeine‑containing cough syrup, alleged to be offences under sections 21(c) and 22(c) of the NDPS Act. He contended that the seizure was made from his landlady’s house and that he had no conscious possession, seeking bail. The State opposed bail, highlighting his prior bail in a similar case and arguing a pattern of repeat involvement in NDPS offences. The Court examined the magnitude of the seizure and the petitioner’s history, concluding that he was likely to re‑offend and that Section 37(1)(b)(ii) of the NDPS Act precludes bail. Consequently, the bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act in view of the large quantity of narcotic seized and his alleged repeat involvement.
  • Whether Section 37(1)(b)(ii) of the NDPS Act applies to deny bail in the present case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine
  • repeat offence
  • Section 37
  • criminal procedure
  • excise
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4938 of 2026
                    Arising Out of PS. Case No.-471 Year-2025 Thana- EXCISE NAUGACHIA District-
                                                       Bhagalpur
                 ======================================================
                 Manjeet Kumar Son of Jagdish Sah Resident of - Maniamore Ward No. 12,
                 PS. - Naugachia, Distt. - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Brajesh Verma, Advocate
                 For the Opposite Party/s :     Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Naugachia Excise P.S. Case No. 471 of 2025 lodged on

                   18.10.2025, for the offences punishable under sections 21(c) and

                   22(c) of the Narcotic Drugs and Psychotropic Substances Act,

                   1985.

                                3. As per the prosecution, total recovery of 1270 litre

                   of cough syrup containing Codeine is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. It is

                   apparent from the F.I.R. itself that the alleged recovery was not
Patna High Court CR. MISC. No.4938 of 2026(2) dt.04-02-2026
                                            2/3




          effected from the possession of the petitioner; rather, the said

          recovery was made from the house of one Sita Devi, who is the

          landlady. Learned counsel further submits that since the

          recovery was not made from the conscious possession of the

          petitioner, he has been unnecessarily implicated in the present

          case. It is further submitted that admittedly the name of the

          petitioner had earlier figured in a case under the N.D.P.S. Act, in

          which this Court was pleased to grant him bail vide order dated

          20.07.2024 passed in Criminal Miscellaneous No. 43069 of

          2024.

                       5. Learned APP for the State vehemently opposes the

          prayer for bail and submits that the antecedent of the petitioner

          is not clean. It is submitted that despite having been granted

          anticipatory bail earlier in a case involving recovery of 79

          bottles of cough syrup, each containing 100 ml of Codeine

          Phosphate, the petitioner has again been found involved in a

          similar offence.

                       6. After hearing the parties and on perusal of the

          materials available on record, it transpires to this Court that in

          the earlier case, 79 bottles of cough syrup, each containing 100

          ml of Codeine Phosphate, were recovered, whereas in the

          present case, a huge quantity of about 1270 litres of cough syrup
            Patna High Court CR. MISC. No.4938 of 2026(2) dt.04-02-2026
                                                        3/3




                      containing Codeine has been recovered. In view of the repeated

                      involvement of the petitioner in offences under the N.D.P.S. Act,

                      this Court is not satisfied that the petitioner is not likely to

                      commit any offence while on bail. Consequently, in view of the

                      embargo contained under Section 37(1)(b)(ii) of the N.D.P.S.

                      Act, the petitioner is not entitled to the privilege of bail.

                                   7. Accordingly, the prayer for bail of the petitioner in

                      connection with Naugachia Excise P.S. Case No. 471 of 2025,

                      pending before the learned Principal Sessions Judge, Bhagalpur

                      is hereby rejected.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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