Patna High Court
Sanjeet Patel @ Sanjit Patel @ Sanjit Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.25,000 bond with two sureties, subject to specified conditions.
Summary
The petitioner, Sanjeet Patel, was arrested in connection with an alleged offence under Section 317(5) of the B.N.S and Section 8/21(C) of the NDPS Act relating to a commercial quantity of cough syrup. He applied for bail, which had been rejected on 29‑04‑2025, arguing that the investigation had stalled – no search and seizure were conducted, no forensic sample was sent for testing, and the charge‑sheet was incomplete without a forensic laboratory report. The State opposed bail, emphasizing the seriousness of the alleged drug‑related offence. The Court noted that the petitioner had been in custody for over a year, there was no forensic report on record, no cognizance had been taken, and the petitioner had no prior similar criminal record. Consequently, the Court ordered his release on bail of Rs.25,000 with two sureties, subject to conditions of personal appearance, family surety, and possible cancellation if he re‑offends. The bail order was directed to be implemented by the trial court handling the case.
Issues considered
- Whether bail should be granted in a case involving alleged possession of a commercial quantity of cough syrup under the B.N.S and NDPS Acts despite the seriousness of the offence.
- Whether the delay in investigation, lack of forensic report, and incomplete charge‑sheet justify granting bail.
Legislation cited
- B.N.S. — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 8
Subjects
- bail
- delay in investigation
- forensic report
- charge sheet
- NDPS Act
- commercial quantity
- cough syrup
- investigative lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73947 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Sanjeet Patel @ Sanjit Patel @ Sanjit Kumar Patel S/o Mohan Patel @
Mohan Ray R/o Village - Bhup Bhairo, P.S - Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgheu Najmi, Advocate
Mr. Kainat Akhtar, Advocate
Mr. Ashutosh Kumar Mishra, Advocate
Mr. Wajeeha Jatri, Advocate
For the Opposite Party/s : Mrs. Renuka Ratnakar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 317 (5) of B.N.S and section 8/21
(C) of Narcotics Drugs and Psychotropic Substances Act.
3. Learned counsel for the petitioner has renewed the
prayer for bail after rejection of the same on 29.04.2025, on the
ground that no progress has been made in the case after the said
rejection.
4. Learned counsel for the petitioner submits that there
have been several laches on behalf of the investigating agency in as
much as neither the mandatory provision of search and seizure have
been complied with nor the F.I.R. indicates sending of any sample for
Patna High Court CR. MISC. No.73947 of 2025(4) dt.23-02-2026
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forensic test. The charge sheet is also a incomplete document as the
same has been submitted in absence of any F.S.L. report and
presently also no substantial progress has been made and the
petitioner is in custody since 29.01.2025.
5. Learned APP for the State opposed the bail petition on
the ground that the matter concerns recovery of commercial quantity
of cough syrup.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that the petitioner has remained
in custody for more than a year and till date neither any F.S.L report
is on record nor cognizance has been taken and further the petitioner
does not have any criminal antecedent of same nature, the above
named petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in connection
with Sitamarhi P.S. Case No. 83 of 2025, subject to the conditions
that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner 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, his bail bonds shall be
liable to be cancelled by the learned court concerned.
Patna High Court CR. MISC. No.73947 of 2025(4) dt.23-02-2026
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(iii) In case, the petitioner is found to indulge or made an
accused in any case of similar nature, the learned court concerned
shall be at liberty to cancel the present bail granted to the petitioner.
(Soni Shrivastava, J)
vashudha/-
U T
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