Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding the evidence insufficient to justify continued detention.
Summary
The petitioner, Ritesh Kumar, was arrested in connection with a seizure of 72.6 litres of codeine‑containing cough syrup from Asha Nursing Home and charged under section 21C of the NDPS Act. He contended that he had no ownership or control over the nursing home and that the seizure was effected without any independent witnesses, violating mandatory search‑seizure provisions. The prosecution argued that the quantity seized was commercial and that charges had been framed. The court noted the absence of any corroborating witness, the delayed framing of charges, and the lack of any prosecution evidence, concluding that there was no likelihood of a speedy trial. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.25,000 with two sureties and imposed conditions of appearance before the trial court.
Issues considered
- What is the adequacy of evidence to justify continued detention of an accused under section 21C of the NDPS Act?
- Whether the seizure of the cough syrup complied with the mandatory provisions of search and seizure under the NDPS Act and the Code of Criminal Procedure?
- Whether bail can be granted in a case involving alleged commercial quantity of a narcotic under the NDPS Act?
Legislation cited
Subjects
- bail
- NDPS Act
- codeine
- search and seizure
- evidence
- trial delay
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64987 of 2025
Arising Out of PS. Case No.-353 Year-2024 Thana- BAHADURPUR District- Darbhanga
======================================================
Ritesh Kumar S/o- Shri Rudal Kunwar R/o- Madhubani Tol Ps- Rajnagar
Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Adv.
Ms. Vaishnavi Singh, Adv.
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 23-02-2026 Heard Mr. Ajay Thakur, learned counsel for the
petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Bahadurpur P.S. Case no.353 of
2024 registered under section 21C of the NDPS Act.
3. There is a recovery of 72.6 liters of cough syrup
containing codeine phosphate from Asha Nurshing Home.
4. Learned counsel for the petitioner submits that
petitioner has been made an accused in this case only on the
basis of some assumption and presumption as the petitioner has
no concern whatsoever with the Asha Nursing Home. During
entire investigation, not a single witness of the locality and not
even the landlord has come to state that the petitioner was
Patna High Court CR. MISC. No.64987 of 2025(6) dt.23-02-2026
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running the said Asha Nursing Home from where recovery has
been made. Further, the recovery of cough syrup has been made
in absence of any independent witness and only the members of
raiding party were the witnesses to the seizure list, indicating
violation of mandatory provisions of search and seizure. The
petitioner is in custody since 25.08.2025 with no criminal
antecedent and charges have been framed only on 31.01.2026
and no prosecution witnesses have been examined.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that cough syrup is that of
commercial quantity and charges have been framed.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that there is no
independent witness except the police officials during the course
of investigation to support the allegation that the petitioner was
running Asha Nursing Home from where the recovery of cough
syrup has been made, coupled with the fact that charges have
been framed only on 31.12.2026 and that no prosecution witness
has yet been examined and there is no likelihood of conclusion
of trial near future, the petitioner is directed to be enlarged on
bail in connection with Bahadurpur P.S. Case no.353 of 2024
on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.64987 of 2025(6) dt.23-02-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the further condition that
the petitioner shall appear on each and every date fixed by the
learned trial Court, the next date being 16.02.2026 as per the
report, and in the event of failure to do so, the learned trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
7. It is also expected that the learned trial Court shall
adhere to the time stipulated of 6 months for conclusion of the
trial, as indicated in the report.
(Soni Shrivastava, J)
Harsh/-
U T
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