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Patna High Court

Ashok PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Considering the period of custody and the petitioner’s clean antecedent, the court granted bail on condition of a bond and sureties.

Summary

The petitioner, Ashok Paswan, was arrested in connection with the recovery of 600 litres of illicit cough syrup from a pick‑up van and was implicated based on the confessional statement of co‑accused Md. Sakir. He had been in custody since 22‑11‑2024 and had previously applied for bail, which was rejected on 09‑05‑2025. The State opposed the bail application. The court, after considering the length of custody and the petitioner’s clean antecedents, ordered his release on bail upon furnishing a bail bond of Rs.10,000 and two sureties of the same amount, to the satisfaction of the Special NDPS Judge in Purnea. The order thus grants bail in the pending NDPS case.

Issues considered

  • What considerations justify granting bail to an accused in an NDPS case involving large quantity of illicit cough syrup?
  • Whether the period of custody and the petitioner’s clean antecedent warrant bail despite the seriousness of the offence?

Subjects

  • bail
  • NDPS Act
  • illicit cough syrup
  • confessional statement
  • custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89524 of 2025
                         Arising Out of PS. Case No.-175 Year-2024 Thana- KASBA District- Purnia
                 ======================================================
                 Ashok Paswan Son of Late Shiv Lal Paswan Resident of Village- Bangama
                 ward no. 02, P.S.- Araria, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Earlier, the prayer for bail of petitioner was

                   rejected, vide order dated 09.05.2025 passed in Cr.Misc. No.

                   14454 of 2025.

                                3. In this case, there is recovery of 600 liters illicit

                   cough syrup from a pick-up van and petitioner has been made

                   accused on the basis of confessional statement of co-accused

                   Md. Sakir. Petitioner is in custody since 22.11.2024 and claims

                   clean antecedent.

                                4. Learned A.P.P. for the State opposed the bail

                   petition.

                                5. Considering the period of custody, let the above

                   named petitioner be released on bail on furnishing bail-bond of
           Patna High Court CR. MISC. No.89524 of 2025(2) dt.12-02-2026
                                                       2/2




                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned 3rd District & Additional

                     Sessions Judge-cum-Special Judge, NDPS Act, Purnea in

                     connection with Special (NDPS) Case No. 137 of 2025 (CIS

                     No. 137 of 2025), arising out of Kasba P.S. Case No. 175 of

                     2024.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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