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Patna High Court

Dipu Kumar JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted in view of the large quantity of narcotics recovered from the petitioner.

Summary

The petitioner, Dipu Kumar Jha, applied for regular bail in a case registered under Sections 21, 22 and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging innocence and a clean antecedent while having been in custody since 17 August 2025. The police seized a large quantity of narcotic items, including 45 bottles of Onerex syrup, 3 bottles of Exitlon, 240 tablets of Notrozepum, 53 capsules of Spasmo Proxyvon Plus, 768 pre‑rolled cones, and cash amounting to Rs. 5,560 and Rs. 60. The petitioner’s counsel argued for bail, whereas the State’s counsel opposed it. The Court considered the substantial quantity of narcotics recovered from the petitioner’s possession and concluded that granting bail was inappropriate. Consequently, the Court rejected the petitioner's bail application.

Issues considered

  • Whether regular bail should be granted to an accused under Sections 21, 22 and 25 of the NDPS Act when a large quantity of narcotics has been seized.
  • Whether the presence of a clean antecedent and custody duration affect the bail decision in NDPS cases.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics seizure
  • regular bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79385 of 2025
                    Arising Out of PS. Case No.-236 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Dipu Kumar Jha S/o Subhash Jha @ Subhash Kumar Jha R/o Village - Harne,
                 Ward No. 02, P.S - Harlakhi, District - Madhubani, (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Narayan Singh, Advocate
                                                 Mr. Vinay Kumar Mishra
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   02-04-2026                 Heard learned counsel for the parties.

                                 2. The petitioner seeks regular bail in connection with

                   with Harlakhi P.S. Case No. 236 of 2025, registered for the

                   offence under Section 21, 22 and 25 of the N.D.P.S. Act.

                                 3. The recovery is of Onerex syrup (100 ml.)- 45

                   bottles, Exitlon (50 ml)- 03 bottles, Notrozepum tablet (IP 10

                   mg)-240 tablets, Spasmo Proxyvon Plus capsules- 53 capsules

                   and Pre-rolled cones- 768 numbers, Nepali currency worth Rs.

                   5,560/- and Indian currency of Rs. 60 were seized.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner has clean antecedent and he is in custody since

                   17.08.2025.
            Patna High Court CR. MISC. No.79385 of 2025(6) dt.02-04-2026
                                                        2/2




                                   5. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   6. Considering the huge quantity of recovery of cough

                      syrup from the possession of the petitioner, this Court is not

                      inclined to grant bail to the petitioner.

                                   7. Accordingly, the prayer for grant of bail to the

                      petitioner is hereby rejected.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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