Randhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36351 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- BHAPTIAHI District- Supaul ====================================================== Randhir Kumar Singh S/o Late Shatrughan Singh R/o Village- Somi Dumra, P.S- Ara Muffasil, Dist- Ara Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 21(C), 25 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, there is a recovery of 1680 bottles of codeine cough syrup from Innova car.

4. Learned counsel for the petitioner submits that the recovery of 1680 bottles of codeine cough syrup from Innova car does not relate to the petitioner as the petitioner was neither the driver nor the owner of the said vehicle. There is no independent witness to the search and seizure, as such, mandatory provisions have also been violated. It has also been pointed out that the petitioner has been made accused along with one Kanhai Mahto with the allegation that they were both

Patna High Court CR. MISC. No.36351 of 2026(2) dt.10-06-2026 2/2 travelling on the said car and the said Kanhai Mahto has been granted the privilege of bail by a Co-ordinate Bench of this Court vide order dated 05.05.2026 passed in Cr. Misc. No.29320 of 2026. The petitioner has no criminal antecedent and is in custody since 07.02.2026 and charge-sheet has also been submitted.

5. Learned APP for the State opposed the grant of bail on the ground that the recovery is of huge quantity.

6. Taking into consideration the facts and circumstances and considering the violation of mandatory provisions of search and seizure, coupled with the fact that similarly situated co-accused has been granted bail by a Coordinate Bench of this Court, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge (NDPS), Supaul/concerned Court below in connection with Bhaptiyahi P.S. Case No. 32 of 2026. (Soni Shrivastava, J) anand/- U T