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Patna High Court

Shambhu Yadav @ Shambhu Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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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