Patna High Court
Sujit Kapad @ Sujit Kapar @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sujit Kapad, was arrested in connection with the seizure of 1,075 bottles of codeine‑rich cough syrup from a tempo, alleged to be offences under Section 317(2) of the Bihar Narcotic Substances (BNS) Act and Section 21(c) of the NDPS Act. He had been in custody since 5 December 2024 and claimed to have a clean antecedent. This was his second application for regular bail. The High Court, after considering the length of custody and the petitioner’s claim of no prior record, allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs 10,000 with two sureties, to appear at the police station every Sunday, and to have his antecedent verified before the bail bonds are accepted.
Issues considered
- Whether regular bail should be granted to a person accused of possession of a large quantity of codeine‑rich cough syrup under the BNS Act and NDPS Act.
- Whether the period of custody and the petitioner’s claim of a clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 317(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c)
Subjects
- bail
- regular bail
- codeine
- narcotic drugs
- BNS Act
- NDPS Act
- antecedent verification
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81199 of 2025
Arising Out of PS. Case No.-386 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Sujit Kapad @ Sujit Kapar @ Sujit Kumar S/O Ram Ekbal Kapar @ Ram
Ekbal Kapad R/O Village- Khap, Ward No. 08, P.S- Kanhauli, Distt.-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This the second attempt of the petitioner for
grant of regular bail in connection with Sonbarsa P.S. Case No.
386 of 2024 registered for the offence under Section 317(2) of
the BNS Act and under Section 21© of the NDPS Act.
3. As per the prosecution case, the recovery is of
1075 bottles of codeine rich cough syrup from a tempo and the
petitioner was found travelling in the same.
4. The petitioner is in custody since 05.12.2024
and he claims to have clean antecedent.
5. Considering the facts of the case and also
considering the period of custody, this application is allowed.
Patna High Court CR. MISC. No.81199 of 2025(2) dt.31-01-2026
2/2
6. 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, Sitamarhi/concerned Court below in
connection with Sonbarsa P.S. Case No. 386 of 2024.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Kanhauli Police Station, Sitamarhi on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
8. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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