Patna High Court
Shambhu Yadav @ Shambhu Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied.
Summary
The petitioner, Shambhu Yadav, sought anticipatory bail after learning of his impending arrest in a case (Jaipur P.S. Case No. 50 of 2025) alleging offences under Sections 21(c), 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 2,000 litres of codeine‑containing cough syrup. The prosecution contended that the contraband had been seized, while the petitioner argued that he had no criminal antecedent, no material was found in his possession, and the quantity was below commercial threshold, rendering Section 37 inapplicable. He further claimed non‑compliance with procedural requirements of Sections 42 and 50 of the NDPS Act. The State opposed the bail, emphasizing the seriousness of the offence. The Court, after considering the nature and gravity of the alleged offence and the lack of statutory compliance, declined to grant anticipatory bail. It directed that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.
Issues considered
- Whether anticipatory bail can be granted under the NDPS Act for alleged possession of codeine‑containing syrup below commercial quantity
- Whether the requirements of Sections 37, 42 and 50 of the NDPS Act have been satisfied
- Whether the petitioner’s lack of antecedent and absence of seized material justify anticipatory bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c), 25, 37, 42, 50
Subjects
- NDPS Act
- anticipatory bail
- codeine
- possession
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71369 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- JAIPUR District- Banka
======================================================
Shambhu Yadav @ Shambhu Prasad Yadav S/o Bhagwandeo Yadav R/o
Village - Bansani Ward no. 8, P.S - Bhawanathpur, District - Garhwa
(Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Jaipur P.S. Case No. 50 of 2025 instituted for the offences
under Sections 21(c), 22(c), 25 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 2000 litres of
codeine containing cough syrup has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner has no
criminal antecedent. There is no allegation of tampering of
witnesses alleged against the petitioner. No incriminating
material has been recovered from the conscious possession of
Patna High Court CR. MISC. No.71369 of 2025(3) dt.09-02-2026
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the petitioner. Petitioner has no concern with the alleged
recovery. The recovered contraband is below commercial
quantity, and hence, Section 37 of the N.D.P.S. Act is not
applicable in the present case. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of offence, I am not
inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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