Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- AJIT KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c)
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
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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
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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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