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Patna High Court

Roshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioner, Roshan Kumar, filed an anticipatory bail application fearing arrest in a case (Madhepura P.S. Case No. 827 of 2023) involving alleged offences under Sections 413, 414 of the IPC and Sections 8, 20(b)(ii)(A), 21(A) of the NDPS Act. The prosecution alleged that eight bottles of codeine‑rich cough syrup were recovered from a co‑accused who implicated the petitioner. The petitioner contended that he was innocent and no material had been recovered from him. The court noted the absence of any recovery from the petitioner and, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the bail application. The court ordered that, if arrested or surrendered within four weeks, the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the usual conditions.

Issues considered

  • Whether anticipatory bail should be granted when no incriminating material has been recovered from the petitioner.
  • Whether the petitioner is likely to be arrested in connection with the alleged NDND offences.
  • Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • Codeine cough syrup
  • NDPS Act
  • IPC sections 413, 414
  • Section 438 CrPC
  • Section 482 BNSS
  • High Court bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80805 of 2025
                   Arising Out of PS. Case No.-827 Year-2023 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Roshan Kumar son of Amarendra Sah Resident Of Village- Machhbakhra P S-
                 Madhepura (Bharrahi) op District -Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pooja Prasad
                 For the Opposite Party/s :        Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Madhepura P.S. Case No. 827 of 2023

                   registered for the offence under Sections 413, 414 of the Indian

                   Penal Code and under Sections 8, 20(b)(ii)(A), 21(A) of the

                   NDPS Act.

                                   3. As per the prosecution case, eight bottles of

                   codeine rich cough syrup has been recovered from the co-

                   accused, who has named the petitioner.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                   5. Considering the fact that there is no recovery
          Patna High Court CR. MISC. No.80805 of 2025(4) dt.10-03-2026
                                                      2/2




                    from the petitioner, this application is allowed.

                                      6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, 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 Principal

                    District and Sessions Judge, Madhepura/concerned Court below

                    in connection with Madhepura P.S. Case No. 827 of 2023,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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