Patna High Court
Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioner, Sushil Kumar, applied for anticipatory bail after a police raid recovered 584 litres of prohibited codeine cough syrup, with the arrested driver and co‑driver alleging the consignment belonged to him and another person. The petitioner contended he was falsely implicated, asserting no ownership of the vehicle and no seizure from his premises. The court examined the seriousness of the allegations, the commercial quantity of the narcotic, and the petitioner’s prior similar criminal antecedents. Considering these factors and the likelihood of further investigation and interrogation, the court found no sufficient ground to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the alleged possession of a commercial quantity of narcotic drug.
- Whether the statements of co‑accused persons are sufficient to link the petitioner to the offence.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 22(C), 25
Subjects
- anticipatory bail
- NDPS Act
- codeine cough syrup
- commercial quantity
- prior criminal antecedents
- seizure
- excise police
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5312 of 2026
Arising Out of PS. Case No.-690 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Sushil Kumar Son of Late Kailash Sah Resident of Village - Sonbersa Ward
No. 7, P.S. - Sonbersa, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India(NDPS Act) India
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Dhirendra Pratap Singh
For the Opposite Party/s : Mr.Rana Randhir Singh
Ms. Ranjana Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 07-05-2026 1. Heard learned Counsel for the parties concerned.
2. This application, for grant of anticipatory bail, arises out
of Sitamarhi Excise Police Station Case No. 690 of 2025,
dated 07.09.2025, disclosing offences punishable under
Sections 21(C)/22(C)/25 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The prosecution case, as per the First Information Report,
is that the excise officials signalled a pick up van to stop,
but the driver of the pick up van tried to flee away,
however he, along with co-driver, was apprehended. On
search of the pick up van, a total quantity of 584 litres of
Codedyl-T cough syrup (a prohibited cough syrup
containing codeine) was recovered. The arrested driver
Patna High Court CR. MISC. No.5312 of 2026(6) dt.07-05-2026
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and co-driver of the pick up van stated before the excise
officials that the consignment of codeine cough syrup
belongs to the petitioner and one Neeraj Kumar.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated by
the police for the ulterior motive. He further submits that
the pick up van does not belong to him and nothing has
been recovered from the premises/vehicle belonging to
the petitioner. He further submits that the petitioner has
been implicated in this case on the basis of disclosure of
his name by the arrested driver and co-driver of the pick
up van and except the statement of the arrested co-
accused persons, there is nothing on record to connect the
petitioner with the alleged occurrence.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
allegation levelled against the petitioner and the fact that
the petitioner is having criminal antecedents of similar
nature of offence, commercial quantity of codeine has
been recovered and the material collected during
investigation may be the basis of further investigation
against the petitioner, for which the custodial
Patna High Court CR. MISC. No.5312 of 2026(6) dt.07-05-2026
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interrogation may be necessary, I am not inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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