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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted as the petitioner failed to provide a valid explanation for possession of the narcotic cough syrup.

Summary

The petitioner, Aman Kumar, sought anticipatory bail in connection with a case where police recovered 3.10 litres of cough syrup containing codeine from his motorcycle. The seizure was made under Sections 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner admitted ownership of the motorcycle but could not produce invoices or explain the intended supply of the large quantity of narcotic syrup. The prosecution argued that the lack of a legitimate explanation warranted denial of bail, citing the Supreme Court’s decision in Mohd. Sahabuddin v. State of Assam. The High Court, agreeing with the prosecution, held that the anticipatory bail application was not made out and rejected the petition.

Issues considered

  • Whether anticipatory bail can be granted when the accused fails to explain possession of a large quantity of narcotic cough syrup.
  • Whether the absence of invoices or a legitimate supply chain explanation defeats the grant of anticipatory bail under the NDPS Act.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • codeine
  • possession of narcotic substance
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5799 of 2026
                       Arising Out of PS. Case No.-483 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Aman Kumar Son of Arjun Prasad Yadav Resident of Village- Pathadda, P.S.-
                 Fullidumar, District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-02-2026                          Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Amarpur (Fullidumar) P.S. Case No.483 of

                   2025, F.I.R dated 09.07.2025 registered for the offences

                   punishable under Sections 21(c) and 22(c) of the N.D.P.S. Act.

                                3. According to prosecution case, on 09.07.2025 at

                   about 9:30 PM, the informant along with police officials was on

                   patrolling duty near Fullidumar Hatia. Around 9:40 PM, a

                   motorcyclist coming from Itahari attempted to flee after noticing
Patna High Court CR. MISC. No.5799 of 2026(3) dt.24-02-2026
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          the police and fell while trying to escape, but managed to run

          away. Upon searching a bag left behind, the police recovered

          3.100 lts of cough syrup and prepared a seizure list accordingly.

                      4. Learned counsel for the petitioner submits that from

          the F.I.R., it appears that the recovery is said to have been made

          from the motorcycle which belongs to the petitioner and the

          petitioner is said to have fled away from the place of occurrence

          by leaving the said motorcycle from where the recovery of

          cough syrup, as is reflected from the seizure list which forms

          part of the F.I.R. Learned counsel for the petitioner does not

          deny the fact that he is the owner of the alleged motorcycle

          bearing Reg. No.BR10AQ1739 from where 3.10 ltr of cough

          syrup is said to have been recovered and has not been able to

          produce the invoices with regard to such recovery having been

          made.

                      5. Learned counsel for the petitioner is not in a

          position to explain as to whom the supply was meant, either for

          distribution      or    for    any      licensed    dealer   dealing   with

          pharmaceutical products and in the absence of any other valid

          explanation for effecting the transportation of such a huge

          quantity of cough syrup which contained the narcotic substance

          of codeine phosphate beyond the prescribed limit. Hence, the
Patna High Court CR. MISC. No.5799 of 2026(3) dt.24-02-2026
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          application for grant of anticipatory bail has not been made out

          and such view has been taken by the Hon’ble Apex Court in the

          case of Mohd. Sahabuddin and Anr. v. The State of Assam

          reported in (2012) 13 SCC 491. The relevant extract of the

          judgment is reproduced hereunder :-

                                  “10. It is not in dispute that each 100 ml
                          bottle of Phensedyl cough syrup contained 183.15
                          to 189.85 mg of codeine phosphate and the each
                          100 ml bottle of Recodex cough syrup contained
                          182.73 mg of codeine phosphate. When the
                          appellants were not in a position to explain as to
                          whom the supply was meant either for distribution
                          or    for     any         licensed   dealer   dealing     with
                          pharmaceutical products and in the absence of any
                          other       valid     explanation      for    effecting    the
                          transportation of such a huge quantity of the cough
                          syrup which contained the narcotic substance of
                          codeine phosphate beyond the prescribed limit, the
                          application for grant of bail cannot be considered
                          based on the above submissions made on behalf of
                          the appellants.”


                      6. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       7. Considering the aforesaid facts and circumstances

          and there being no valid explanation for being in possession of

          such huge quantity of cough syrup, this Court is not inclined to
           Patna High Court CR. MISC. No.5799 of 2026(3) dt.24-02-2026
                                                       4/4




                     grant the privilege of anticipatory bail to the petitioner.

                                  8. Accordingly, the anticipatory bail application stands

                     rejected.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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