Patna High Court - Orders
Pappu Yadav vs The State Of Bihar on 15 November, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58916 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- Lalamnia District- Madhubani
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Pappu Yadav S/O Ajit Yadav @ Ajit Kumar Yadav R/O Village- Gharmohna,
P.O.- Lalmaniya, P.S.- Lalmaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv.
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
4 15-11-2025Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Lalmaniya Case No. 17 of 2025 dated 04.03.2025 registered for the offences punishable u/ss 21 and 23 of the N.D.P.S. Act and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on secret information, the informant along with the other police personal of SSB proceeded for raid of the shop of the petitioner, Pappu Yadav (Vishal Infotech). On search, some prohibited medicines as described in the written application were recovered from Vishal Infotech. The details of the recovered medicines as given Patna High Court CR. MISC. No.58916 of 2025(4) dt.15-11-2025 2/5 below :-
1. Onerex Cough Syrup 64 bottles
2. Korcof-c Cough Syrup 05 bottles
3. Nitravel tab 10 mg 351 tabs
4. Spasmo Proxy Vanplus Capsule 56 Caps
5. Buprenorphine Inj IP Talgesic 7 Ampoule
6. Nitrazepam Tab 10 mg 182 tabs
7. Promethazine Hydrochloride 8 ampoule
8. Diazepam inj IP 9 Ampoule
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2025. The co-accused person has already been granted regular bail by this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 27466 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the seized contraband is of commercial quantity. The details of the said contraband is given as below :-
Sl. Drug Name Composition S. No. under Small Commercial Quantity of No NDPS Act, quantity quantity Tablet/Syrup . 1985
1. Onerex Chloropheneramine + NDPS Act-28 10 gm. 1 Kg. 64 bottles=6.4 l/Kg Patna High Court CR. MISC. No.58916 of 2025(4) dt.15-11-2025 3/5 cough syrup Codine
2. Korcof-c Chloropheneramine 5 bottles=5x100 ml-
Cough Syrup Malaete (2mg)+ 500m=0.5 l.
Dextromethorphan Hydrobromide(10 mg)+Phenylephrine (5 mg)
3. Nitravet Nitrazepam (10 mg) 221 of the 20 gm 500 gm 351 tab=3.51 gm.
Tablet-10 mg NDPS Act 4. Spasmo Dicyclomine Tramadol- Tramadol Tramadol 56 capsules x 385 proxyon (10mg)+ 238 ZH (5gm) (250gm) mg =21.56 gm plus Paracetamol (325 capsule mg) + Tramadol (50mg) 5. Buprenorp Buprenorphine 169 of the 1 gm 20 gm 7 ampoul=7x2 hine Inj IP HCL (0.324 mg) NDPS act ml=14 ml =14 gm 6. Nitrazepam Nitrazepam (10 Sl. No. 221 Nitrazepa Nitrazepa 182 Tablets x Tab 10 mg mg) of the NDPS m (20gm) m 10mg = 1.82 gm Act, 1985 (500gm) 7. Promethazi Promethazine HCL 8 ampoule=8x2=16 ne (.25/50mg) ml/gm Hydrochlor +Edetate disodium ide Inj IP (0.1mg)+ Calcium chloride (0.04 mg) +Phenol (.5 mg) +water 8. Diazepam Diazepam-5 43 schedule, 9 ampoule=9gm Inj IP mg+40% proplene NDPS Act glycol+10% of 1985, Alcohal+ 5% of 94, of the sodium Benzoate NDPS Act and Benzolic Acid+1.5 % benzyle alcohol
The petitioner has no any valid authorization for keeping the same. Learned APP for the State has placed reliance on the judgment in the case of Hira Singh and Anr. Vs. Union of India and Anr, (2020)20 Supreme Court Cases 272 of Hon'ble Apex Court has held that "weight of entire materials/ mixture along with neutral material is to be considered for ascertainment of whether the quantity is "small quantity" or "commercial quantity". It is further submitted that codeine is mentioned in the Entry No. 28 of the N.D.P.S. Act. The act of Patna High Court CR. MISC. No.58916 of 2025(4) dt.15-11-2025 4/5 the petitioner amounts to clear violation of section 8 of the N.D.P.S. Act as it clearly prohibits possession of narcotic substance except medical and scientific purposes.
6. As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with :-
(i) There are reasonable grounds for believing that the accused is not guilty of such offence; and
(ii) He is not likely to commit any offence while on bail.
7. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail. The Court is of the opinion that the parameters of bail available under Section 37 of the Act have not satisfied in the facts of the instant case. The Hon'ble Supreme Court in the case of Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC OnLine SC 891 has held that "The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."
8. Considering the aforesaid facts and circumstances of the case as well as the material available on the record this Patna High Court CR. MISC. No.58916 of 2025(4) dt.15-11-2025 5/5 Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Lalmaniya Case No. 17 of 2025, pending in the Court of learned Additional Session Judge-VI- cum-Special Judge, NDPS, Madhubani.
9. The application stands rejected.
(Chandra Prakash Singh, J) shivam/-
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