Patna High Court
Ahmad HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioners despite the commercial quantity, on account of their clean record, framed charges, and the nature of their involvement.
Summary
The High Court of Patna heard two bail applications arising from the same police‑station case (No. 168 of 2025) involving alleged possession of 2,810 bottles of 100 ml codeine syrup, a commercial quantity under the NDPS Act. The petitioners, Ahmad Hussain (a licensed medical store owner) and Deepak Kumar (the driver), contended that the seizure was illegal, citing lack of independent witnesses and alleged violations of search‑seizure provisions, and pointed to an anticipatory bail order granted to a co‑accused. The State opposed bail on the ground that the offence involved a commercial quantity of a narcotic drug. The Court, noting the petitioners’ lack of prior criminal record, the fact that charges had already been framed, and the petitioners’ legitimate business, decided to grant bail subject to a bond of Rs 10,000 with two sureties and conditions of personal appearance. The order also required that one bailor be a close blood relative. Consequently, both petitioners were released on bail pending trial.
Issues considered
- Whether bail can be granted in a case involving commercial quantity of narcotic drug under the NDPS Act
- Whether alleged procedural violations in the seizure render the evidence inadmissible and justify bail
- Whether the existence of an anticipatory bail order for a co‑accused influences the grant of regular bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- codeine syrup
- search and seizure
- anticipatory bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73754 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Ahmad Hussain S/o Saifuddin R/o Village- Ahilgoan ward no. 07, P.S.-
Jalalgarh Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74201 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Deepak Kumar S/o- Ajay Mehta R/Village- Chandi Katwa PS- Mufassil
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73754 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Nadimul Hasan, Advocate
: Mr. Kumar Rajdeep, Advocate
: Mr. Shivendu Shekhar, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
(In CRIMINAL MISCELLANEOUS No. 74201 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Bidhu Ranjan, Advocate
: Mr. Kumar Rajdeep, Advocate
: Mr. Shivendu Shekhar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 As both these bail applications arise out of the same
police station case number, hence they are being heard together
and disposed of by this common order.
2. Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.73754 of 2025(4) dt.11-02-2026
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learned APP for the State.
3. The petitioners seek bail in a case registered for
the offence punishable under Sections 8(c), 21(c), 25 and 29 of
the N.D.P.S. Act.
4. As per the prosecution case, A total of 2,810
bottles of 100 ml codeine syrup were recovered from a tempo
bearing Registration No. BR-11GF/8026. The tempo was
driven by petitioner Deepak Kumar and the consignment was
being transported for delivery to petitioner Ahmad Hussain.
5. The learned Senior counsel for the petitioners
submits that Deepak Kumar (petitioner in Cr. Misc. No.74201
of 2025) is said to be driver of the vehicle from which the
seizure was made while Ahmad Hussain (petitioner in Cr.
Misc. No.73754 of 2025) is said to be the person to whom the
consignment was to be delivered. It is submitted that the
petitioner Ahmad Hussain has a licensed store and he was
validly transporting the cough syrup with the consignment
numbers. It has further been submitted that there is no
independent witness to the seizure and as such, mandatory
provisions of search and seizure have also been violated.
Further submission is that the said seizure of codeine syrup has
been presumed to be illegal, however, the same is also contrary
Patna High Court CR. MISC. No.73754 of 2025(4) dt.11-02-2026
3/4
to Central Government’s notification. It has further been
brought to notice that one of the co-accused, namely Pawan
Kumar Rajgarhia, who is the owner of the transport company,
has already been granted the privilege of anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 04.02.2026
passed in Cr. Misc. No.6984 of 2026. Further, the petitioners
are in custody since 14.08.2025 and charges have already been
framed, as informed by learned Senior counsel for the
petitioners.
6. Learned APP for the State has opposed the grant
of bail on the ground that the offence involves commercial
quantity.
7. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has a
licensed medical store and that the petitioners are in custody
since 14.08.2025 with no criminal antecedent, coupled with the
fact that charges have already been framed, let the above
named petitioners, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Special Judge (NDPS Act) Purnea District Purnea/concerned
Court below in connection with Jalalgarh P.S. Case No. 168 of
Patna High Court CR. MISC. No.73754 of 2025(4) dt.11-02-2026
4/4
2025 subject to condition that:-
(i) One of the bailors will be their own
blood relative, preferably, father, mother, brother,
sister and/or his wife.
(ii) The petitioners shall remain
physically present in court on each and every date
during trial and in the event of failure on two
consecutive dates without sufficient reasons, their bail
bonds shall be liable to be cancelled by the learned
court concerned.
(Soni Shrivastava, J)
anand/-
U T
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