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Patna High Court

Mata TransportversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6984 of 2026(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.6984 of 2026(2) dt.04-02-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.6984 of 2026(2) dt.04-02-2026
                                                       4/4




                                     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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