Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
Petitioner Pradeep Kumar was arrested on 25 September 2025 for alleged possession of 49 bottles of codeine syrup, alleged offences under Sections 8(c) and 21(c) of the NDPS Act. He pleaded that he has a clean antecedent, the FIR is fabricated, and the seized quantity is below the commercial threshold, thus no embargo under Section 37 applies. The court noted that a similarly situated co‑accused, Aman Kumar, had been granted regular bail. Considering these factors, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed that verification of antecedents should not delay the acceptance of the bond.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized quantity is less than commercial quantity and there is no embargo under Section 37.
- Whether the petitioner’s clean antecedent and the precedent of bail to a co‑accused justify granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- possession
- codeine syrup
- commercial quantity
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91668 of 2025
Arising Out of PS. Case No.-233 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Pradeep Kumar Son of Bhagavan Yadav @ Bhagwan yadav Resident of
village- Pothiya Jhunni Kala, Ps- K. Nagar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-03-2026 Heard Mr. Bipin Kumar, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
25.09.2025, in connection with Special (N.D.P.S.) Case No. 270
of 2025, arising out of K. Nagar P.S. Case No. 233/2025, F.I.R.
dated 25.09.2025 for the offences punishable under Sections
8(c) & 21(c) of the N.D.P.S. Act.
3. Recovery is of 49 bottles each of 100 ml. Codeine
Phosphate & Triprolidine HCL Syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.91668 of 2025(4) dt.18-03-2026
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allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
It appears from the FIR/seizure list that 49 bottles each of 100
ml. Codeine syrup was recovered from the possession of the
petitioner and other co-accused persons. He further submits that
there is non-compliance of Sections 42 and 50 of the N.D.P.S.
Act and it appears that the recovered contraband is less than the
commercial quantity. Hence, there is no embargo under Section
37 of the N.D.P.S. Act for grant of bail to the petitioner.
Similarly situated co-accused person, namely, Aman Kumar
who was apprehended along with this petitioner has been
granted regular bail by this Court vide order dated 27.01.2026
passed in Cr. Misc. No. 3676 of 2026. He further submits that
Police after investigation submitted charge-sheet against the
petitioner and the petitioner is in judicial custody since
25.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent and the
recovered contraband is less than the commercial quantity and
similarly situated co-accused person, namely, Aman Kumar has
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been granted regular bail by this Court, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District and Additional
Sessions Judge-II-cum-Special Judge, N.D.P.S. Act, Purnea/
appropriate court below in connection with Special (N.D.P.S.)
Case No. 270 of 2025, arising out of K. Nagar P.S. Case No.
233/2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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