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Patna High Court

Dharmendra Kumar Sah @ LalluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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