Patna High Court
Sanjiv MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
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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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