Patna High Court
Bihari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with conditions, as the seized quantity was below commercial quantity and the petitioner had a clean antecedent.
Summary
Bihari Kumar was arrested on 22 August 2025 in connection with an NDPS case for allegedly possessing 17 liters of codeine syrup, alleged offences under Sections 8 and 20(B)(ii)C of the Narcotic Drugs & Psychotropic Substances Act, 1985. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the seized quantity was below the commercial threshold, with the police failing to comply with mandatory provisions of Sections 42 and 50 of the Act. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean record and the sub‑commercial quantity, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay pending verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when the seized contraband is less than commercial quantity.
- Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act were complied with in the investigation.
- Whether the accused’s clean antecedent warrants bail despite the seriousness of the offences.
Legislation cited
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 20(B)(ii)C, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- codeine syrup
- commercial quantity
- Section 37
- Section 42
- Section 50
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78010 of 2025
Arising Out of PS. Case No.-257 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Bihari Kumar S/O Wakil Yadav R/O Village- Kainjari, P.S- Beldour, Distt.-
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Diwakar Prasad Singh, learned counsel
for the petitioner and Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.08.2025 in N.D.P.S Case No. 23 of 2025 arising out of
Beldour P.S. Case No. 257 of 2025, F.I.R. dated 21.08.2025 for
the offences punishable under Sections 8, 20(B)iiC of the
Narcotic Drugs & Psychotropic Substance Act, 1985.
3. Recovery is of 17 liters of Codeine Syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
altogether 17 bottles of Codeine Phosphate & triprolidine
Hydrochloride Syrup (WISCOF), each bottles contains 100 ml
Patna High Court CR. MISC. No.78010 of 2025(3) dt.22-01-2026
2/3
each was recovered from the house of the petitioner. He further
submits that there is non-compliance of the mandatory provision
of Sections 42 and 50 of the N.D.P.S. Act and it appears that the
recovered contraband is less than the commercial quantity.
Hence, there is no embargo under Section 37 of the N.D.P.S Act
for grant of bail to the petitioner. He further submits that the
police after investigation submitted the charge sheet. The
petitioner is in custody since 22.08.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent and that the recovered
contraband is less than the commercial quantity, let the
petitioner, above named, 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 the learned Special Judge
(NDPS), Khagaria in connection with Beldour P.S. Case No.
257 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.78010 of 2025(3) dt.22-01-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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