Patna High Court
Ravi Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
Ravi Kumar Paswan applied for regular bail in a case registered under sections 8, 21(c) and 22(c) of the NDPS Act, alleging that he was merely a bystander and falsely implicated in the seizure of 1050 bottles of codeine‑containing cough syrup. The prosecution’s FIR described his alleged involvement in a raid where two accused attempted to escape. The petitioner highlighted his lack of criminal antecedent, his custody since 5 September 2025, and the fact that a similarly situated co‑accused, Amit Kumar Mandal, had been granted bail earlier. The State opposed the bail. Considering the facts, the earlier bail order, and the petitioner’s clean record, the Court directed that bail be granted on a bond of Rs.10,000 with two sureties and imposed conditions for cancellation if the antecedent claim proved false and for proper representation during trial.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the allegations in the FIR and his claim of being a bystander
- Whether the petitioner’s lack of criminal antecedent and the precedent of bail to a co‑accused justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(c), 8
Subjects
- bail
- NDPS Act
- narcotics
- codeine
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87741 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Ravi Kumar Paswan S/O Hit Narayan Paswan R/O Vill.- Dahaura Ward No.-
1, P.S.- Manigachhi, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisuzzoha, Advocate
Mr.Kundan Singh, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sakri P.S. Case no.163
of 2025 registered under sections 8, 21(c) and 22(c) of the
N.D.P.S. Act.
3. As per the prosecution case, the informant states
that on information having been received about the accused
Dharmendra Kumar Sah @ Lalu dealing in narcotics, it is stated
that a raid was conducted where two accused persons who
attempted to escape were caught. This included the petitioner
herein. It is further stated that on search 1050 bottles of cough
syrup containing Codeine measuring a total of 105 litres was
recovered.
Patna High Court CR. MISC. No.87741 of 2025(3) dt.20-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He was only a
bystander and has no concern either with the seized Codeine
syrup nor with the place from which it was recovered. The
petitioner has no connection with the co-accused Dharmendra
Kumar Sah. The petitioner is in custody since 5.9.2025 and has
no criminal antecedent. Chargesheet has been submitted in the
case. It is further submitted that similarly situated co-accused
Amit Kumar Mandal has been enlarged on bail vide order dated
8.1.2026 passed in Cr. Misc. no.85535 of 2025.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to similarly situated co-accused Amit Kumar Mandal vide
aforesaid order dated 8.1.2026, the petitioner having remained
in custody since 5.9.2025, charge-sheet having been submitted
in the case and especially the petitioner not having any criminal
antecedent, the petitioner is directed to be enlarged on bail in
connection with Sakri P.S. Case no.163 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87741 of 2025(3) dt.20-02-2026
3/3
Principal Sessions Judge, Madhubani on the following
conditions :
(I) In case the statement with respect to the petitioner
not having any criminal antecedent is found to be incorrect, the
prosecution will have the liberty to move this Court for
cancellation of bail of the petitioner.
(II) The petitioner shall remain properly represented
on each date of the case/trial and shall cooperate in the trial.
(Partha Sarthy, J)
Shiv/-
U T
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