Patna High Court
Chetan Yadav @ Monu Yadav @ Kumar ChetanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the facts did not justify its grant under the NDPS provisions.
Summary
The petitioner, Chetan Yadav, was implicated in PS Case No. 319 of 2025 for alleged contravention of Sections 8(C) and 21(C) of the NDPS Act concerning the seizure of 2,158 bottles of codeine syrup from his garage. He filed an application for anticipatory bail fearing arrest. The court examined the nature of the alleged offence, the large quantity of narcotic seized, and the fact that the petitioner had fled at the time of seizure. Considering the seriousness of the offence under the NDPS Act and the surrounding circumstances, the court held that the case was not suitable for anticipatory bail. Consequently, the application was dismissed and the petitioner was directed to surrender within two weeks and apply for regular bail. Failure to surrender would result in the Superintendent of Police taking steps for his arrest.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Sections 8(C) and 21(C) of the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 8(C)
Subjects
- anticipatory bail
- NDPS Act
- codeine syrup
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88186 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Chetan Yadav @ Monu Yadav @ Kumar Chetan Son of Dilip Kumar Yadav
Resident of Village- Charpatti, Ward no. 12, Ps- Jankinagar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Jankinagar P.S. Case No. 319 of 2025 instituted under
Sections 8(C) and 21(C) of the NDPS.
3. The recovery is of 2158 bottles of codeine syrup
containing 100 ml. each from the garage of the petitioner. The
petitioner has fled away at the time of seizure.
4. Considering the aforesaid facts, it is not a fit case
for grant of anticipatory bail.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Purnea will take all steps for arrest of
Patna High Court CR. MISC. No.88186 of 2025(3) dt.26-02-2026
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the petitioner.
7. Let a copy of this order be communicated to the
Superintendent Police, Purnea through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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