Patna High Court
Jimmi Singh @ Jimmy SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioner's bail application, granting regular bail on condition of a Rs 10,000 bond and two sureties.
Summary
The petitioner, Jimmy Singh, was arrested in connection with a NDPS case after police intercepted a bus and recovered 160 bottles of codine‑containing cough syrup totaling 18 g of codine. The petitioner contended that he was not in possession of the contraband, having merely alighted from the bus, and that he was mistakenly identified as a conspirator. He emphasized the small quantity involved, the absence of any tampering allegation in the charge sheet, and his clean criminal record, having been in custody since 21‑12‑2025. The State opposed bail, citing the seriousness of NDPS offences. The court examined these facts, noting the lack of direct possession, the minimal quantity, and the petitioner’s antecedents, and ordered that bail be granted upon furnishing a bond of Rs 10,000 with two sureties of equal amount. Consequently, the petitioner's application for regular bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of a small quantity of codine‑containing cough syrup.
- Whether the circumstances of the case, including lack of direct possession and the petitioner’s clean record, justify granting bail despite the seriousness of the offences.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- codine
- small quantity
- misidentification
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8774 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- VALMIKINAGAR District- West
Champaran
======================================================
Jimmi Singh @ Jimmy Singh Son of Satyendra Singh @ Satendra Singh R/O
Village - 3 R D Pul W, P.S. - Valmiky Nagar, District - West Champran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Valmiki Nagar P.S. Case
No. 160 of 2025 registered for the offences punishable under
Sections 8 (c) and 21 (b) of N.D.P.S. Act.
3. As per the prosecution case, the informant a police
officer got a credible information from a spy that in a bus some
codine containing cough syrup is being carried. The bus was
intercepted and checked and total 160 bottles of codine
containing cough syrup was recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.8774 of 2026(4) dt.21-04-2026
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this case. It has been submitted that nothing has been recovered
from the conscious possession of the petitioner rather the same
has been recovered from a commercial vehicle which is
accesible to all and in fact petitioner got alighted from the bus
during the course of checking and the police officials mistakenly
identified one of the person/conspirator who have been involved
in the transit of the alleged codine containing cough syrup.
Learned counsel for the petitioner has also drawn the attention
of this court towards the quantity which the investigating
agency has collected as regards the total amount of codine
present in the consignment which comes to 18 gm which is
much less than the commercial quantity and little more than
small quantity. It has been submitted that charge sheet has been
filed and there is no allegation of tampering against the
petitioner. Lastly, it has been submitted that the petitioner has
clean criminal antecedent and is in custody since 21.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, 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 Exclusive
Patna High Court CR. MISC. No.8774 of 2026(4) dt.21-04-2026
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Special Judge (NDPS) West Champaran, Bettiah in connection
with Valmiki Nagar P.S. Case No. 160 of 2025.
7. The application stands allowed
(Praveen Kumar, J)
vashudha/-
U T
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