Patna High Court
Mata TransportversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
The petitioner, Pawan Kumar Rajgarhia, owner of Mata Transport, sought anticipatory bail fearing arrest in a case (PS‑168/2025) under Sections 8(c), 21(c) and 25/29 of the NDPS Act for allegedly transporting a consignment of codeine cough‑syrup seized from a tempo. The prosecution’s case relied on the driver’s confessional statement linking the consignment to the petitioner’s godown, while the petitioner contended that no documentary evidence existed, the seizure was contrary to a Central Government notification, and he had a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S., including surety bonds, personal appearance, and possible cancellation for future offences or concealment of antecedents. The order emphasized that any observations made would not affect the trial. The bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case involving alleged NDPS offences.
- Whether the driver’s confessional statement and the seizure of the consignment constitute sufficient grounds to deny bail.
- Whether the alleged illegality of the seizure under a Central Government notification impacts the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 25/29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- narcotic trafficking
- codeine cough‑syrup
- Section 438 CrPC
- bail conditions
- transport agency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6984 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Pawan Kumar Rajgarhia @ The Owner of Mata Transport S/o Deep Chandra
Rajgarhia R/o Flat- 10B/C, 14/2 Burdwan Road, Alipore, Kolkata, West
Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shri Prakash Tiwari, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Jalalgarh P.S. Case No. 168 of 2025 registered for the offences
under Sections 8(c), 21(c), 25/29 of the N.D.P.S. Act.
3. As per the prosecution case, the allegation against
the petitioner is that was the transporter of the narcotic
substances which were recovered from a tempo and was being
taken to Ahilgaon, when the same was intercepted.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely to
coerce for extraneous consideration from the petitioner. It has
been submitted that the name of the petitioner has surfaced on
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the confessional statement of the driver of the tempo, namely,
Deepak Kumar, who has alleged that he had carried the said
consignment from the transport godown of the petitioner. It has
next been submitted that not a single chit of paper has been
brought on record to suggest that the said consignment was
being carried from the said godown and the petitioner in fact is a
transport agency having hundreds of branch office throughout
the country and deals in bonafide purchase and sale of items. It
has further been pointed out that the said seizure of Codeine
cough-syrup has been presumed to be illegal, however, the same
is also contrary to the Central Government’s notification, which
has been brought on record by way of Annexure-2. It has lastly
been submitted that the petitioner has a clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
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pending/successor court in connection with Jalalgarh P.S. Case
No. 168 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
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terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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