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Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          3/3




                        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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