Patna High Court
Bechan PurveyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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
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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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