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Patna High Court

Sushil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        3/3




                               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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