Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner Sumit Kumar was arrested on 22 June 2025 after police intercepted three vehicles carrying large quantities of Triprolidine and Codeine cough syrup, alleged to be illicit liquor, under Sections 21 and 22 of the NDPS Act. The seizure amounted to 470 litres across the vehicles, and the petitioner has been in custody since 23 June 2025. He pleaded for bail, arguing that he has no prior criminal record and that the quantity seized from his vehicle is less than that recovered from a co‑accused, Deepak Kumar, who had already been granted bail. The State opposed the bail on the seriousness of the offence. The Court, considering the facts, the bail granted to co‑accused, and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties and compliance with conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 21 and 22 of the NDPS Act considering the quantity of narcotic seized and the nature of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22
Subjects
- bail
- NDPS Act
- Section 21
- Section 22
- illicit liquor
- codeine cough syrup
- seizure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68279 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
======================================================
Sumit Kumar Son of Ashok Singh R/o Village - Pansalba (Pansalla), Ward no.
11,P.S. - Beldaur, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Budhilal Yadav
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 04-02-2026
Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 21/22 of the NDPS Act in
connection with FCI P.S.Case No. 45/2025.
3.The prosecution case, in brief is that on 22.06.2025
informant got information Om DIU Branch that four wheelers
bearing Reg. Nos. BR09AW-4494,BR01JA-1437 JH01DV-4498
were coming with illicit liquor from Patna. On this information,
she informed to her officers about this matter and on his order,
she started checking the vehicles with Chakiya SHO Niraj
Kumar. During course of checking, three tow wheeler vehicle
bearing Reg. Nos. BRO9AW-4494.BR01JA-1437 & JH01DV-
4496 were coming from Simaria and they were stopped. On
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seeing police party, 5-6 persons started running and they were
caught with the help of police personnel. On Interrogation, they
disclosed their names as Rajesh Kumar, Ranbir Kumar, Deepak
Raj @ Bittu Patel. When they were asked about the articles
which were kept in the vehicles, they did not give satisfactory
reply. Then on searching white colour Brezza, total 1200 bottles
of Triprolidine Hybrochloride and Codeine Phosphat Syrup
WISCODIN Cough Syrup in yellow plastic sack total 120 litre
were recovered. Then on searching second white colour Brezza
bearing reg. no. BR01JA-1437 in which Deepak Kumar S/o
Gulab Yadav and Deepak Kumar S/o Pankaj Yadav were sitting,
total 1800 bottles of Triprolidine Hybrochloride and Codeine
Phosphat Syrup WISCODIN Cough Syrup in yellow plastic
sack total 180 litre were recovered. Then on searching third
vellow colour Triber bearing reg. no. JH01DV-4498 in which
Sumit Kumar and Bittu Patel @Ankush Raj were sitting, total
1600 bottles of Triprolidine Hybrochloride and Codeine
Phosphat Syrup WISCODIN Cough Syrup in yellow plastic
sack total 160 litre and 100 bottles of Triprolidine
Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough
Syrup in yellow plastic sack total 10 litre were recovered. Total
470 litre recovered. Accordingly, seizure lists were prepared.
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4. It has been submitted on behalf of the petitioner
that three cars were intercepted by the police and from each car,
illicit liquor were recovered. From the car, in which, the
petitioner was sitting with another co-accused, total 1600 bottles
of Triprolidine and Codine Syrup was recovered. From the car,
in which, co-accused Deepak Kumar was sitting, 180 litres of
Codine cough syrup was recovered. Co-accused Deepak Kumar
has been granted bail by a coordinate Bench of this Court in
Cr.Misc.No. 59023 of 2025, and the case of this petitioner,
according to learned counsel for the petitioner, is on better
footing since the petitioner has no criminal antecedents and the
quantity of recovered liquor is smaller than that of the car of
Deepak Kumar. Another co-accused person Rajesh Kumar has
also been granted bail by this Court in Cr.Misc.No. 56571 of
2025. The petitioner is in custody since 23-06-2025.
5. The learned APP for the State 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 Principal
Sessions Judge, Begusarai in connection with FCI P.S. Case No.
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45 of 2025 with condition that the petitioner shall cooperate
with the trial of the case and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
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