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Patna High Court

Premkishore BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, considering the period of custody, the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Premkishore Bharti was arrested in connection with the seizure of 1,027.5 litres of codeine phosphate and triprolidine HCl syrup, offences punishable under Section 21(c) of the NDPS Act. He has been in custody since 21‑10‑2024 and the charge was framed on 03‑04‑2025. The petitioner sought bail, arguing that a co‑accused had already been released on bail in a similar case. The State opposed the bail application. The court, after considering the length of custody and the precedent of bail to the co‑accused, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, to the satisfaction of the Special NDPS Judge.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act given the nature of the offence and the period of custody
  • Whether the precedent of bail granted to a similarly situated co‑accused warrants granting bail in the present case

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • codeine
  • custody
  • bond
  • special judge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77700 of 2025
                  Arising Out of PS. Case No.-185 Year-2024 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Premkishore Bharti S/O Late Pramod Yadav R/O Village- Vidyarthi Tola
                 Pakrail, Ward no. 12, P.S.- Maheshghunt, Dist.- Khagaria

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K.Agrawal, Sr.Adv.
                                                 Mr.Budhilal Yadav
                 For the Opposite Party/s :      Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                    Heard learned senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in a case, registered for

                   offence punishable under Section 21(c) of the N.D.P.S. Act.

                                 3. Total 1027.5 litres of Codeine phosphate and

                   triprolidine HCL syrup BISCUF was recovered from the house

                   and medical shop of petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is in custody since 21.10.2024. In this case, charge

                   has already been framed on 03.04.2025. Similarly situated co-

                   accused Priyanandan Bharti has already been granted bail by

                   this Court, vide order dated 12.09.2025 in Cr.Misc. No. 16867

                   of 2025.
           Patna High Court CR. MISC. No.77700 of 2025(3) dt.09-01-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the bail

                     petition.

                                  6. Considering the period of custody, let the above

                     named petitioner be released on bail on furnishing bail-bond of

                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Additional Sessions Judge III-

                     cum-Special Judge (NDPS), Khagaria in connection with

                     Special (NDPS) Case No. 26 of 2024, arising out of

                     Maheshkhunt P.S. Case No. 185 of 2024.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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