Patna High Court
Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 413, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(A), 21(A), 8
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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