Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner with a bond and sureties, subject to conditions.
Summary
The petitioner, Rajesh Kumar, was arrested after police intercepted three vehicles carrying large quantities of codeine‑containing cough syrup, an offence under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution alleged that the seized liquor amounted to 470 litres across the three vehicles. The petitioner, who had no prior criminal record, sought bail, arguing that the quantity recovered from his vehicle (120 litres) was less than that recovered from a co‑accused who had already been granted bail. The court considered the petitioner’s clean antecedents, the comparative quantity of the seized narcotic, and the principle that bail may be granted in NDPS cases where the accused is not a flight risk. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 21/22 of the NDPS Act considering the quantity of narcotic seized and the absence of prior criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22
Subjects
- bail
- NDPS Act
- codeine syrup
- seizure
- criminal procedure
- first‑time offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56571 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
======================================================
Rajesh Kumar S/o Shankar Yadav R/o Village- Bhada, Ward No. 4, P.S.-
Sonbarsa, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Singh
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-21/22 of the Narcotic Drugs
and Cosmetics Act.
3.The prosecution case, in brief is that on 22.06.2025
informant got information Om DIU Branch that four wheelers
bearing Reg. Nos. BR09AW-4494,BR01JA-1437 JH01DV-4498
were coming with illicit liquor from Patna. On this information,
she informed to her officers about this matter and on his order,
she started checking the vehicles with Chakiya SHO Niraj
Kumar. During course of checking, three tow wheeler vehicle
bearing Reg. Nos. BRO9AW-4494.BR01JA-1437 & JH01DV-
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4496 were coming from Simaria and they were stopped. On
seeing police party, 5-6 persons started running and they were
caught with the help of police personnel. On Interrogation, they
disclosed their names as Rajesh Kumar, Ranbir Kumar, Deepak
Raj @ Bittu Patel. When they were asked about the articles
which were kept in the Kumar S/e Gulab Yadav, Deepak Kumar
S/o Pankal Yadav, Sumit Kumar and Ankush bearing reg. no.
BR09AW-4494 in which Rajesh Kumar and Ranbir Kumar were
sit. vehicles, they did not give satisfactory reply. Then on
searching white colour Brezza total 1200 bottles of Triprolidine
Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough
Syrup in yellow plastic sac total 120 litre were recovered. Then
on searching second white colour Brezza bearing reg. no.
BR01JA-1437 in which Deepak Kumar S/o Gulab Yadav and
Deepak Kumar S/o Pankaj Yadav were sit, total 1800 bottles of
Triprolidine Hybrochloride and Codeine Phosphat Syrup
WISCODIN Cough Syrup in yellow plastic sac total 180 litre
were recovered. Then on searching third vellow colour Triber
bearing reg. no. JH01DV-4498 in which Sumit Kumar and Bittu
Patel @Ankush Raj were sit, total 1600 bottles of Triprolidine
Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough
Syrup in yellow plastic sac total 160 litre and 100 bottles of
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Triprolidine Hybrochloride and Codeine Phosphat Syrup
WISCODIN Cough Syrup in yellow plastic sac total 10 litre
were recovered. Total 470 litre recovered. Accordingly, seizure
lists were prepared.
4. It has been submitted on behalf of the petitioner
that three cars were intercepted by the police and from each car,
illicit liquor were recovered. From the car, in which, the
petitioner was sitting, 120 litres of Codine Syrup was recovered.
From the car, in which, co-accused Deepak Kumar was sitting,
180 litres of Codine Syrup was recovered. The co-accused
Deepak Kumar has been granted bail and the case of this
petitioner, according to learned counsel for the petitioner, is on
better footing since the petitioner has no criminal antecedent
and the quantity of recovered liquor is smaller than that of the
car of Deepak Kumar. The petitioner is in custody since 23-06-
2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Principal District
& Sessions Judge, Begusarai in connection with NDPS Case
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No. 27 of 2025 arising out of FCI P.S. Case No. 45 of 2025 with
condition that the petitioner shall cooperate with the trial of the
case and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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