Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested on 23 June 2025 for alleged possession of 1,800 bottles of Triprolidine Hydrochloride and Codeine Phosphate syrup, offences under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act. He applied for bail, arguing that a co-accused in the same case had already been released on bail and that he has a clean antecedent with the charge‑sheet already filed, eliminating any risk of evidence tampering. The State opposed the bail application. The court noted the parity with the co‑accused, the petitioner’s clean record, and the completed investigation, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for offences under Sections 21 and 22.
- Whether the grant of bail to a co‑accused creates a right to bail for the petitioner on the basis of judicial parity.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22
Subjects
- bail
- NDPS Act
- possession of narcotics
- clean antecedent
- judicial parity
- sureties
- Cr.P.C. Section 437(3)
- B.N.S.S. Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55596 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
======================================================
Deepak Kumar S/O Gulab Yadav Resident of Village- Pirnagar (Pirnagra),
Ward No. 05, P.S.- Belaur, District- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. The Union of India India
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
For the UOI : Mr.Sanjeev Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection
with FCI P.S. Case No. 45 of 2025 corresponding to N.D.P.S.
Case No. 27/2025 registered for the offences under Sections
21 and 22 of the Narcotic Drugs and Psychotropic Substances
Act.
3. The accused/petitioner is named in the First
Information Report and is in custody since 23.06.2025.
4. The allegation against the petitioner is to have in
possession of 1800 bottles of Triprolidine Hydrochloride and
Patna High Court CR. MISC. No.55596 of 2025(3) dt.09-02-2026
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Codeine Phosphate Syrup, which were kept in yellow plastic
bag in white colour Brezza Vehicle bearing Registration No.
BR01JA1437.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation is of recovery of 1800
bottles of cough syrup, total 180 litres, from the vehicle in
which the petitioner was found sited alongwith other co-
accused person namely, Deepak Kumar, son of Pankaj Yadav
@ Pankaj Kumar, who has already granted bail by one of the
learned coordinate Bench of this Court vide order dated
27.08.2025 passed in Cr. Misc. No. 59023 of 2025,
therefore, this petitioner, as a matter of judicial parity, also
deserves bail.
6. While concluding argument, it is submitted that
petitioner is a man of clean antecedent and, moreover,
investigation of this case is already concluded, for which
charge-sheet has been submitted and as such, there is no
chance of tampering with the evidence.
7. Learned A.P.P. for the State has opposed the
prayer for bail of the petitioner.
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8. In view of aforesaid factual submission and by
taking note of the fact as similarly situated co-accused
Deepak Kumar has already granted bail by one of the learned
coordinate Bench of this Court through Cr. Misc. No.
59023/2025 dated 27.08.2025, coupled with the fact that
petitioner, who is a man of clean antecedent, remains in
custody since 23.06.2025, accordingly, above-named
petitioner is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand only) with two
sureties of the like amount each to the satisfaction of learned
Principal Sessions Judge, Begusarai/concerned court, in
connection with FCI P.S. Case No. 45 of 2025 corresponding
to N.D.P.S. Case No. 27/2025, subject to the condition as laid
down under Section 437(3) Cr.P.C/Section 480(3) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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