Patna High Court
Suraj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Suraj Kumar Sah, was arrested after police recovered 15 litres of syrup from his motorcycle in a case under Sections 21 and 22 of the NDPS Act. A raid on the co-accused's house yielded codeine cough syrup, 384 Symdex Plus tablets and 300 Nitrazepam tablets; the co-accused had already been granted bail. The petitioner, who had been in custody for over six months, claimed innocence and sought bail. The State opposed the bail application. Considering the length of pre‑trial detention, the bail granted to the co‑accused, and the circumstances of the case, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to appearing before the trial court until charges are framed.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 21 and 22 of the NDPS Act despite the seriousness of the alleged offence.
- Whether the prolonged pre‑trial detention and the bail granted to a co‑accused justify granting bail to the petitioner.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 21
- Section 22
- pre‑trial detention
- narcotic drugs
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66893 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- JOGBANI District- Araria
======================================================
Suraj Kumar Sah S/o Laxmi Sah R/o - Neta Jee Chowk, Patel Nagar, Ward
No. 12, P.S - Jogbani, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Mandal
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 31-01-2026 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 Sections-21, 22 of the N.D.P.S. Act.
3. Allegedly, on the tip off, the petitioner was
apprehended by the police and on search, 15 litres of syrup was
recovered from the motorcycle on which, the petitioner was
found sitting. On disclosure of the petitioner, the house of the
co-accused was raided and Codeine cough syrup and 384 pieces
of Symdex Plus tablets were recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The co-accused from whose house, Codeine cough
Patna High Court CR. MISC. No.66893 of 2025(3) dt.31-01-2026
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syrup, 384 pieces of Symdex Plus tablets and 300 pieces of
Nitrazepam tkablet were recovered has been grantede bail by a
co-ordinate bench of this court vide order dated 21-01-2026
passed in Cr. Misc. No. 70320 of 2025. The case of the
petitioner is on better footing to that of co-accused. The
petitioner is under incarceration for more than six months.
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 Sessions Judge-
cum-Special Judge, N.D.P.S. Act, Araria in connection with
Jogbani P.S. Case No. 70 of 2025 with condition that the
petitioner will appear in the court below on each and every
date fixed by the trial court till framing of the charges.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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