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Patna High Court

Sanjiv MehtaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail should be granted as the petitioner had transferred ownership of the vehicle and there was insufficient material to justify denial of bail.

Summary

The petitioner, Sanjiv Mehta, sought anticipatory bail after a vehicle registered in his name was seized containing 48 litres of cough syrup with codeine, alleged to be in violation of Section 21(C) of the NDPS Act. He contended that he had sold the vehicle to Roshan Roy on 12 September 2024, handing over the original ownership documents, and that Roy was using the vehicle for illegal purposes. The State opposed the bail, arguing the seizure indicated involvement in the offence. The Court, after considering the claim of transfer of ownership and lack of direct evidence linking the petitioner to the contraband, allowed the anticipatory bail application subject to a bail bond of Rs.10,000 and two sureties, and directed the investigating officer to continue the investigation. The order also stipulated that if a charge‑sheet later implicates the petitioner, he must again seek anticipatory bail before its submission.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a case under Section 21(C) of the NDPS Act given his claim of having sold the vehicle.
  • Whether the petitioner is likely to be implicated in the alleged narcotic offence based on the material seized.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 21(C)
  • codeine
  • vehicle seizure
  • Section 482(2) BNSS
  • bail conditions
  • transfer of ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90443 of 2025
                     Arising Out of PS. Case No.-246 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Sanjiv Mehta S/O Ram Vilas Mehta Resident of Bishnupur, P.S.- Belapur,
                 Dist.- Sitamarhi- 813210

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Narendra Kumar Choubey
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                                                  Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Sonbarsa P.S. Case No. 246 of 2025 registered for offences

                   under Sections 21(C) of the NDPS Act.

                                3. As per the prosecution case, 48 liters of cough

                   syrup containing codeine phosphate were recovered from the

                   pick-up vehicle. The petitioner is the registered owner of the

                   vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner had sold the alleged seized

                   vehicle to one Roshan Roy, S/o Late Jagdev Roy, R/o-Village-
Patna High Court CR. MISC. No.90443 of 2025(2) dt.04-02-2026
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          Kkkhana, WardNo. 04, P.O.- Bagraha, P.S.- Sursand, District-

          Sitamarhi vide Sale Deed dated 12.09.2024, thereafter the

          petitioner handed over the vehicle with original ownership paper

          and the vehicle was being used for the illegal purpose by

          Roshan Roy. He further submits that Roshan Roy appeared

          before the Police and has accepted this fact that he has

          purchased the vehicle from the petitioner.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this application for anticipatory bail is allowed.

                       7. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail till the submission

          of the charge-sheet or final form on furnishing bail bonds of

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

          amount each to the satisfaction of learned concerned Court

          below in connection with Sonbarsa P.S. Case No. 246 of 2025

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                       8. The I.O. of the case is directed to investigate the

          case in this direction in view of the aforesaid submission of the
            Patna High Court CR. MISC. No.90443 of 2025(2) dt.04-02-2026
                                                        3/3




                      petitioner and take the case to its logical conclusion.

                                   9. If the charge sheet is submitted against the

                      petitioner finding the allegations to be true then the petitioner

                      will have to move before this Court for anticipatory bail after

                      submission of the charge-sheet.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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