Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail, subject to furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Dipak Kumar, was arrested on 13 October 2025 in connection with a case alleging possession of 11 bottles of Onerex cough syrup containing codeine, under section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and section 21(c) of the NDPS Act. He applied for regular bail, claiming he had no criminal antecedents and that the incriminating article was not recovered from his possession. The prosecution opposed the bail, but the court noted the petitioner had been in custody for four months, the charge sheet was already filed, and a co‑accused had been granted bail in a similar case. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Sitamarhi. The bail application was thus disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to regular bail under section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and section 21(c) of the NDPS Act despite the alleged possession of codeine‑containing cough syrup.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c)
Subjects
- regular bail
- NDPS Act
- codeine
- criminal procedure
- bail bond
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89280 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Dipak Kumar S/O Pramod Pandit R/O Village- Basatpur, P.S- Sonbarsa,
District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sonbarsa P.S. Case
no.281 of 2025 registered under section 317(5) of the Bharatiya
Nyaya Sanhita, 2023 and section 21(c) of the NDPS Act.
3. As per the prosecution case, 11 pieces of Onerex
cough syrup of 100 ml. each containing codeine was recovered
from the possession of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. The
petitioner is in custody since 13.10.2025 and has no criminal
antecedent. Co-accused Kamod Kumar has been enlarged on
bail vide order dated 22.1.2026 passed in Cr. Misc. no.88014 of
Patna High Court CR. MISC. No.89280 of 2025(3) dt.24-02-2026
2/2
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, the
petitioner not having any criminal antecedent, his being in
custody for four months since 13.10.2025, chargesheet having
been submitted in the case and grant of bail to the above
mentioned co-accused Kamod Kumar vide order dated
22.1.2026, the Court directs the petitioner to be enlarged on bail
in connection with Sonbarsa P.S. Case no.281 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 Special Judge, Sitamarhi.
(Partha Sarthy, J)
Saurabh/-
U T
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