Patna High Court
Santosh Rai @ Santosh RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the vehicle containing the narcotic syrup justified denial of bail.
Summary
The petitioner, Santosh Rai, sought anticipatory bail after the police seized 735 liters of Eskuf cough syrup containing codeine from a vehicle registered in his name. He argued that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The State opposed the bail, emphasizing the large quantity of narcotic syrup recovered from the vehicle he owned. The court considered the relevance of ownership versus actual possession under the NDPS Act. It held that ownership of the vehicle from which the narcotics were seized was sufficient grounds to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the NDPS Act when the seized narcotic material was found in a vehicle registered in his name but not in his personal possession.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 25
Subjects
- anticipatory bail
- NDPS Act
- codeine
- seizure
- ownership vs possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5417 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- MAHALGAON District- Araria
======================================================
Santosh Rai @ Santosh Roy S/O Satan Ray R/O Langur Gali Ghrarapar, P.O-
Marufganj, P.S- Chowk, Distt.- Patna, Pin code- 800008.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 21 ( b ) and 25 of NDPS
Act.
3 . As per prosecution case , 735 liters of Eskuf cough
syrup containing codeine was recovered from the seized vehicle
of which this petitioner is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.5417 of 2026(2) dt.03-02-2026
2/2
bail of the petitioner and submitted that huge quantity of Eskuf
cough syrup has been recovered from seized vehicle of which
this petitioner is registered owner.
6. Considering the fact that petitioner is owner of the
seized vehicles from which huge quantity of Eskuf cough syrup
has been recovered, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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