Bhupendra Rai @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38558 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Bhupendra Rai @ Raja Babu Son of Ram Narayan Rai Resident of VillageJainagar, ward no.- 9, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonbarsa PS Case No. 139 of 2025 instituted for the offences under Sections 8, 20(b)(ii)(A) & 21(c) of the NDPS Act. 3.

Prosecution allegation, in short, is that police on a tip-off, raided the house of the petitioner and on search, there is recovery of 44 bottles weighing 100 mL each wincerex cough syrup containing codeine phosphate.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 15-04-2025 and has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.38558 of 2025(5) dt.02-09-2025 2/3 tampering of witnesses alleged against the petitioner. Learned counsel further submits that petitioner has no concern with the recovered contraband. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner goes on to submit that there is no compliance of Sections 42 and 50 of the NDPS Act.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Learned A.P.P. has further relied upon a case of Hon'ble Supreme Court since reported in (2020) 20 SCC 272 (Hira Singh and Another versus Union of India and Another) in which the Hon'ble Apex Court held that in case of seizure of mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by way of offending drug while determining the "small or commercial quantity" of narcotic drugs or psychotropic substance.

6.

Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial

Patna High Court CR. MISC. No.38558 of 2025(5) dt.02-09-2025 3/3 quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner. 7.

The prayer is rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T