Patna High Court
Dharmendra Kumar Sah @ LalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Dharmendra Kumar Sah, applied for regular bail in a case registered under Sections 8, 21(c) and 22(c) of the NDPS Act for alleged sale of codeine‑containing cough syrup. Police, acting on a tip‑off, raided a house and seized 1,050 bottles of the syrup; two men were arrested and claimed they acted on the petitioner’s directions, while the petitioner escaped. The petitioner contended that he is innocent, that the only evidence against him is the co‑accused’s confessional statements, that the seizure did not follow NDPS procedural requirements, and that the actual quantity (262.5 g) is far below commercial levels. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. After considering the submissions and the lack of substantive material beyond the confessional statements, the Court ordered that bail be granted on condition of a Rs 10,000 bond with two sureties. The application was allowed.
Issues considered
- Whether bail can be granted in NDPS offences when the only evidence is a co‑accused’s confessional statement
- Whether alleged procedural lapses in search and seizure under the NDPS Act justify granting bail
- Impact of the petitioner’s prior criminal antecedent and the quantity of narcotic seized on the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(c), 8
Subjects
- bail
- NDPS Act
- codeine
- cough syrup
- search and seizure
- confessional statement
- prior criminal record
- quantity of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85246 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Dharmendra Kumar Sah @ Lallu Son of Sattu Sah R/O village - Habi
Bhauwar, Police Station - Bahera, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate
Mr. Bhavesh Kumar Sah, Advocate
Mrs. Archana Anand, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
6 23-04-2026 Heard learned Senior Counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sakri P.S. Case No. 163
of 2025 registered for the offences punishable under Sections
08, 21(c), 22(c) of the NDPS Act.
3. As per the prosecution case, on a tip-off on a secret
information that the petitioner, along with two associates, was
engaged in the sale of narcotic substances, the informant,
accompanied by police personnel, conducted a raid at a
dilapidated house situated beside the sugar mill. It is alleged that
upon reaching the spot, three individuals were found carrying
sacks. One of them managed to escape, while Amit Kumar and
Patna High Court CR. MISC. No.85246 of 2025(6) dt.23-04-2026
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Ravi Kumar Paswan were apprehended on the spot. Upon query,
both apprehended persons disclosed that they were acting on the
directions of the petitioner, who had fled from the scene on a
scooty. Upon search, altogether 1050 bottles of cough syrup
containing codeine were recovered from the two sacks.
4. Learned Senior Counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated in this case. It has further been submitted that the
petitioner was not arrested at the spot, and except the
confessional statement of the co-accused made before the police
while in custody, there is no other material against the petitioner.
It has also been submitted that a supplementary affidavit has
been filed in which the quantity of the seized cough syrup is
stated to be 262.500 grams, which is much less than the
commercial quantity. It has further been submitted that the
procedure of search and seizure as prescribed under the NDPS
Act has not been followed. Lastly, it has been submitted that the
petitioner has one criminal antecedent as stated in the
supplementary affidavit and is in custody since 14.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.85246 of 2025(6) dt.23-04-2026
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parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Madhubani, in connection with Sakri
P.S. Case No. 163 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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