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2026 Supreme(Online)(Pat) 6300
IN THE HIGH COURT OF JUDICATURE AT PATNA
Nawneet Kumar Pandey, J
Ankush Raj @ Bittu Patel
CRIMINAL MISCELLANEOUS No.68821 of 2025
For the Appellants/Petitioners: Budhilal Yadav
For the Respondents: Nand Kishore Prasad
Grant of bail based on the principle of parity when co-accused in similar or more severe circumstances have been released, particularly when the petitioner has no prior criminal record.
Headnote:The case involves offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution alleges that the petitioner was intercepted in a vehicle from which 1700 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup were recovered as part of a larger seizure of 470 litres across three vehicles. The court noted the recovery and the subsequent custody of the petitioner since June 2025. The primary issue is whether the petitioner is entitled to bail based on the principle of parity. The court reasoned that co-accused persons, including those from whom larger quantities of the prohibited substance were recovered, had already been granted bail by a coordinate bench, and the petitioner has no criminal antecedents. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Principal Sessions Judge, Begusarai in connection with FCI P.S. Case No. 45 of 2025 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.
| Table of Content |
|---|
| 1. allegations of illegal transport and seizure of narcotic cough syrup under the ndps act. (Para 1 , 2 , 3) |
| 2. plea for bail based on parity with co-accused and absence of criminal antecedents. (Para 4 , 5) |
| 3. grant of bail on conditions of surety and cooperation with the trial. (Para 6) |
ORAL ORDER
5 04-02-2026 Heard the learned counsel for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 21 /22 of the NDPS Act in connection with FCI P.S.Case No. 45/2025.
3.The prosecution case, in brief is that on 22.06.2025 informant got information Om DIU Branch that four wheelers bearing Reg. Nos. BR09AW-4494,BR01JA-1437 JH01DV-4498 were coming with illicit liquor from Patna. On this information, she informed to her officers about this matter and on his order, she started checking the vehicles with Chakiya SHO Niraj Kumar. During course of checking, three tow wheeler vehicle bearing Reg. Nos. BRO9AW-4494.BR01JA-1437 & JH01DV-4496 were coming from Simaria and they were stopped. On seeing police party, 5-6 persons started running and they were caught with the help of police personnel. On Interrogation, they disclosed their names as Rajesh Kumar , Ranbir Kumar, Deepak Raj @ Bittu Patel. When they were asked about the articles which were kept in the vehicles, they did not give satisfactory reply. Then on searching white colour Brezza, total 1200 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough Syrup in yellow plastic sack total 120 litre were recovered. Then on searching second white colour Brezza bearing reg. no. BR01JA-1437 in which Deepak Kumar S/o Gulab Yadav and Deepak Kumar S/o Pankaj Yadav were sitting, total 1800 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough Syrup in yellow plastic sack total 180 litre were recovered. Then on searching third vellow colour Triber bearing reg. no. JH01DV-4498 in which Sumit Kumar and Bittu Patel @Ankush Raj were sitting, total 1600 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough Syrup in yellow plastic sack total 160 litre and 100 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN Cough Syrup in yellow plastic sack total 10 litre were recovered. Total 470 litre recovered. Accordingly, seizure lists were prepared.
4. It has been submitted on behalf of the petitioner that three cars were intercepted by the police and from each car, illicit liquor were recovered. From the car, in which, the petitioner was sitting with another co-accused, total 1600 bottles of Triprolidine and Codine Syrup was recovered. From the car, in which, co-accused Deepak Kumar was sitting, 180 litres of Codine cough syrup was recovered. Co-accused Deepak Kumar has been granted bail by a coordinate Bench of this Court in Cr.Misc.No. 59023 of 2025, and the case of this petitioner, according to learned counsel for the petitioner, is on better footing since the petitioner has no criminal antecedents and the quantity of recovered liquor is smaller than that of the car of Deepak Kumar . Another co-accused person Rajesh Kumar has also been granted bail by this Court in Cr.Misc.No. 56571 of 2025. The petitioner is in custody since 23-06-2025.
5. The learned APP for the State has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Principal Sessions Judge, Begusarai in connection with FCI P.S. Case No. 45 of 2025 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.
