Patna High Court

Rajan RaiversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was denied to the petitioners.

Summary

The petitioners, Rajan Rai and Rakesh Kumar, who were the driver and co‑driver of a pick‑up van, were charged under Sections 21(c), 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 548 litres of codeine‑rich cough syrup seized in Sitamarhi. They have been in custody since 8 September 2025 and applied for bail. The prosecution highlighted the large quantum of the seized narcotic as a factor against granting bail. The Hon’ble Justice Sandeep Kumar, after hearing the parties on 19 March 2026, held that the seriousness and volume of the drug recovery warranted denial of bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to the accused under the NDPS Act in view of the large quantity of narcotic seized.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 25

Subjects

bail
NDPS Act
drug seizure
codeine
high court
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.87804 of 2025
                       Arising Out of PS. Case No.-690 Year-2025 Thana- Excise P.S. District- Sitamarhi
                  ======================================================
            1.     Rajan Rai S/o Late Hira Lal Rai Resident of Village- Kararwana, Ward No.
                   5 @ Kadarwana Ward No. 5, P.S.- Sursand, Dist.- Sitamarhi
            2.     Rakesh Kumar S/o Yugal Rai Resident of Village- Kararwana, Ward No. 5
                   @ Kadarwana Ward No. 5, P.S.- Sursand, Dist.- Sitamarhi
                                                                              ... ... Petitioner/s
                                                   Versus
                  The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr.Santosh Kumar
                  For the Opposite Party/s :         Mr.Akshay Lal Pandit
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    19-03-2026                   Heard the parties.

                                 2. The petitioner seeks bail in connection with

                    Prohibition P.S. Sitamarhi Case No. 690 of 2025 registered for

                    the offence under Sections 21©, 22©, 25 of the NDPS Act.

                                 3. As per the prosecution case, the recovery is of 548

                    liters of codeine rich cough syrup from a pick-up van of which

                    the petitioners are driver and co-driver.

                                 4. The petitioner is in custody since 8.9.2025.

                                 5. Considering the quantum of recovery, this Court is

                    not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.



                                                                    (Sandeep Kumar, J)
Vikas/-

U

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