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Patna High Court

Chhotu Baba @ Kalim @ Aniket KrishnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to conditions, as the alleged substances do not constitute intoxicants under the NDPS Act.

Summary

The petitioner, Chhotu Baba, was implicated in a case (Sonepur Hariharnath PS Case No. 286 of 2023) for alleged offences under Sections 22 and 27 of the NDPS Act after police recovered Phenergan and Avil injections from three persons, while the petitioner fled. He contended that the substances are not intoxicants or narcotic drugs and cited judgments (Lijo Joy v. State of Kerala and Rajveer Singh @ Raju v. State of Punjab) to support his claim. The petitioner also asserted lack of prior criminal antecedents and that he had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, after considering the submissions, granted bail, directing the petitioner to surrender within eight weeks and furnish bail bonds of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S 2023 and the possibility of cancellation if criminal antecedents are discovered.

Issues considered

  • Whether Phenergan and Avil injections qualify as "intoxicant or narcotic drug" under Sections 22 and 27 of the NDPS Act
  • Whether the petitioner is entitled to bail in the present circumstances
  • Whether the petitioner’s claim of no prior criminal antecedents affects the bail decision

Legislation cited

Subjects

  • bail
  • NDPS Act
  • intoxicant
  • Phenergan
  • Avil
  • Section 22
  • Section 27
  • anticipatory bail
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78087 of 2025
                        Arising Out of PS. Case No.-286 Year-2023 Thana- SONEPUR District- Saran
                 ======================================================
                 Chhotu Baba @ Kalim @ Aniket Krishna S/o Neell Krishna Singh R/O
                 village- Sonepur, PS- Sonepur Hariharnath, Distt- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shekhar Harshvardhan, Advocate
                 For the State            :        Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Sonepur Hariharnath P.S. Case No. 286 of

                   2023 dated 22.04.2023, registered for the offences punishable

                   under Sections 22 and 27 of the NDPS Act.

                                 3. As per allegation, the police got information that

                   certain persons are indulged in selling the intoxicant and when

                   they reached the place of occurrence, one person fled away and

                   three persons were apprehended on the spot and Phenergan and

                   Avil injections were recovered from all three apprehended

                   accused persons and the petitioner had fled away.

                                 4. Learned counsel for the petitioner submits that the

                   Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.78087 of 2025(3) dt.26-02-2026
                                            2/3




          case. He further submits that as a matter of fact, no offence at all

          much less under the NDPS Act is made out as per the alleged

          facts and circumstances. To substantiate his submission, he

          further submits that Phenergan and Avil injections are not

          intoxicant or narcotic drugs and psychotropic substance. He also

          refers to the judgment of Lijo Joy Vs. State of Kerala in Crl. A.

          No. 1520 of 2012 and Rajveer Singh @ Raju Vs. State of

          Punjab in CRM-M No. 51661 of 2021, wherein it has been held

          that the alleged Phenergan and Avil injections are not intoxicant

          or narcotic and psychotropic substance.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his
               Patna High Court CR. MISC. No.78087 of 2025(3) dt.26-02-2026
                                                           3/3




                         furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned concerned Court below, in connection

                         with Sonepur Hariharnath P.S. Case No. 286 of 2023, subject to

                         the conditions as laid down under Section 482 (2) of the

                         B.N.S.S 2023, and on the following conditions:

                                      (i) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents, learned

                         court below shall cancel the bail bonds of the petitioner after

                         hearing him and getting satisfied that the petitioner has

                         concealed his criminal antecedents despite his knowledge of the

                         same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.



                                                                    (Jitendra Kumar, J)
shoaib/-

U          T


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