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Patna High Court

Ranbir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Ranbir Kumar was arrested on 22 June 2025 during a vehicle check when 1,200 bottles of codeine‑based cough syrup were found in a Brezza. He was charged under Sections 21 and 22 of the NDPS Act. The petitioner pleaded innocence, asserting he was neither the driver nor the owner of the vehicle and that nothing was recovered from his person, and highlighted his clean antecedents and the bail granted to a co‑accused in a similar case. The State opposed bail. Considering the petitioner’s clean record and the circumstances, the Court directed that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cooperation with the trial.

Issues considered

  • Whether regular bail should be granted to an accused under Sections 21/22 of the NDPS Act when the accused has a clean antecedent and was not found in possession of the seized narcotics.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine cough syrup
  • drug trafficking
  • clean antecedent
  • regular bail
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74229 of 2025
                          Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
                 ======================================================
                 Ranbir Kumar S/O Nandan Paswan Resident of Village- Bhada Jalsima, Ward
                 No, 04, PS- Sonbarsa, District- Saharsa
                                                                        ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar Patna
           2.    The Union of India through NCB, Patna Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shekhar Kumar Singh
                 For the Opposite Party/s :         Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   13-02-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with FCI P.S. Case No. 45 of 2025, registered for the offences

                   punishable under Sections 21/22 of the NDPS, Act.

                                3. As per prosecution case, on 22.06.2025, during

                   vehicle checking, the petitioner was allegedly found sitting in a

                   white colour Brezza bearing registration no. BR09AW-4494. On

                   search of the said vehicle, 1200 bottles of Codeine-based cough

                   syrup (about 120 litres) were recovered. It is alleged that the

                   petitioner was apprehended at the spot along with the co-accused

                   and the seized articles were recovered from the vehicle.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in
           Patna High Court CR. MISC. No.74229 of 2025(5) dt.13-02-2026
                                                       2/2




                     this case. He has further submitted that the petitioner is neither

                     the driver nor the owner of the said vehicle. Nothing was

                     recovered from his possession. The petitioner is a person of

                     clean antecedents and has been in custody since 23.06.2025. He

                     has also submitted that, on exactly similar footing, co-accused

                     Rajesh Kumar has been granted bail by this Court in Cr. Misc.

                     No. 56571 of 2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, especially the clean antecedent of the petitioner, let

                     the petitioner above-named, is directed to furnish bail bond and on

                     doing so, the court below shall release the petitioner on bail on

                     furnishing bail bonds of Rs.10,000/- with two sureties of the like

                     amount each to the satisfaction of learned Principal Sessions

                     Judge, Begusarai/concerned court in connection with FCI P.S.

                     Case No. 45 of 2025, subject to the following conditions that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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