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Patna High Court

Bechan PurveyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Bechan Purvey, the owner of an auto, was arrested in a Narcotic Drugs and Psychotropic Substances (NDPS) case (Section 21C) after 1,200 bottles of codeine‑containing cough syrup were recovered from the vehicle. The FIR named him only because he owned the auto, which had been hired by co‑accused Anil Paswan, who later obtained bail. The petitioner, having no prior criminal record and no direct possession of the seized drugs, applied for bail, undertaking to cooperate with the trial. The State opposed the bail, but the court noted that the recovered quantity was commercial, the petitioner’s involvement was limited to vehicle ownership, and a co‑accused had already been released on bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to attendance conditions.

Issues considered

  • Whether bail should be granted to a person charged under Section 21C of the NDPS Act solely on the basis of ownership of a vehicle in which narcotics were found.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 21C
  • codeine
  • vehicle ownership
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82573 of 2025
                     Arising Out of PS. Case No.-196 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Bechan Purvey Son of Bindeshwar Purwe R/o Village- Bhutahi, P.S.,-
                 Bhutahi, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Madhubala Verma, Adv.
                 For the Opposite Party/s :       Mrs. Renuka Ratnakar (App)
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   18-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Sonbarsa P.S. Case no.196 of 2025

                   registered under section 21C of NDPS, Act.

                                3. Allegation in the F.I.R is that 1200 bottles of 100

                   ml each of Onerex Cough Syrup containing codein phosphate

                   was recovered from the back seat of the Auto bearing

                   BR30PA4584.

                                4. Learned counsel for the petitioner submits that

                   F.I.R was lodged on taking into custody of one Manoj Paswan

                   who upon his apprehension along with codein cough syrup

                   disclosed the name of another person who had run away as Anil

                   Paswan. The name of the petitioner has transpired in the F.I.R
Patna High Court CR. MISC. No.82573 of 2025(4) dt.18-02-2026
                                            2/3




          only for the reason that he happens to be the owner of the said

          Auto and the said vehicle was hired by co-accused Anil Paswan

          at the rate of Rs.300/- per day and the petitioner has no

          knowledge of vehicle being put to any illegal use. Further, co-

          accused Anil Paswan, whose name has transpired on the

          disclosure made by apprehended Manoj Paswan, has already

          been granted bail by a co-ordinate Bench of this Court vide

          order dated 16.09.2025 passed in Cr. Misc. No. 63575 of 2025.

          The petitioner has no criminal antecedent and he is in custody

          since 26.08.2025. He undertakes to cooperate in the case/trial

          and charge-sheet has been submitted in the case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that no

          doubt the recovered quantity is a commercial one but no

          recovery has been made from the possession of the petitioner

          and his implication is only on the basis of the fact that he is the

          owner of the said vehicle, coupled with the fact that co-accused

          Anil Paswan has been granted bail by aforesaid order dated

          16.09.2025, the petitioner is directed to be enlarged on bail in

          connection with Sonbarsa P.S. Case no.196 of 2025 on
            Patna High Court CR. MISC. No.82573 of 2025(4) dt.18-02-2026
                                                        3/3




                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the     learned      Court       concerned           where   the   case   is

                      pending/successor Court, subject to the further condition that

                      the petitioner shall remain physically present in the learned trial

                      Court on each date and shall cooperate in the trial. In case the

                      petitioner is absent on the two consecutive dates without

                      sufficient reasons, the learned trial Court would be at liberty to

                      cancel the bail bonds of the petitioner.


                                                (Soni Shrivastava, J)
Harsh/-
U       T


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