Dismissed¶21

Pankaj Kumar v. The State of Bihar

Patna HC9 Jul 2025CR. MISC./5101/2025

Case brief

AI extract

What is this about?

Regular bail application rejected; NDPS Act Sections 8(c), 21(c); Section 37 N.D.P.S. Act pressed by prosecution; Buprenorphine Injection Dolphine; Pheniramine Maleate Injection; commercial quantity; Mohaniya P.S. Case No. 694 of 2024; Mohania Bus Stand raid; Narendra Medical Hall; co-accused Sandip Kumar; District Kaimur (Bhabua); Patna High Court CR. MISC. No.5101 of 2025(6); order dt. 09-07-2025; Justice Sourendra Pandey; counsel Rakesh Kumar Mishra; APP Satya Nand Shukla; custody since 21.10.2024; one criminal antecedent.

What did the court decide?

Considering the submissions of the parties and the fact that the seized substance is of commercial quantity, the court was not inclined to grant bail and rejected the petitioner's regular bail application. ¶21

Pankaj Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5101 of 2025

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Arising Out of PS. Case No.-694 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)

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======================================================

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Pankaj Kumar S/O Babloo Ram R/V-Awarhi, P.S- Mohania, Distt.-Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Mishra, Adv For the Opposite Party/s : Mr. Satya Nand Shukla, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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6 09-07-2025

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Heard learned Counsel for the petitioner and learned

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A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Mohaniya P.S. Case No. 694 of 2024 registered for the offences punishable under Section 8(c) & 21 (c) of the N.D.P.S. Act.

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3 . As per the prosecution case, the informant on a tipoff about trafficking of banned narcotic, conducted raid near Mohania Bus Stand and saw two persons coming with two bags in their hands and on seeing the police they tried to flee, however, they were chased and caught with the help of police personnel, thereafter, they disclosed their names as Pankaj Kumar (petitioner) and Sandip Kumar. On search, 30 ampoules containing 2 ml each of Buprenorphine Injection Dolphine and

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Patna High Court CR. MISC. No.5101 of 2025(6) dt.09-07-2025 2/3

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60 ampoules of Pheniramine Maleate Injection containing 2 ml each were recovered from the possession of the petitioner, Pankaj Kumar. As far as the co-accused Sandip Kumar is concerned, total 173 ampoules of Buprenorphine Injection Dolphine containing 2 ml each and 94 ampoules of Pheniramine Maleate Injection were recovered from his possession. On being asked about the recovery, they disclosed that the said injection was purchased by them from Narendra Medical Hall and thereafter, the informant conducted raid at the said shop and 2800 pieces of Buprenorphine Injection Dolphine containing 2 ml each & 60 pieces of Pheniramine Maleate Injection containing 2 ml each were recovered. Accordingly, the seizure list was prepared and the present F.I.R. has been lodged.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case at the behest of the police and the seizure was not prepared under the prescribed provisions of the N.D.P.S. Act and there is no independent witness to such seizure. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 21.10.2024.

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5 . Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner was

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Patna High Court CR. MISC. No.5101 of 2025(6) dt.09-07-2025 3/3

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apprehended in bulk possession of the narcotic substances without any valid authorization, which clarify the indulgence of the petitioner in illegal trade of psychotropic substance. Learned APP for the State has further submitted that the seized contraband (Buprenorphine Injection Dolphine) is of commercial quantity which comes under the purview of the NDPS Act and on the facts of the case the provision u/s 37 of the N.D.P.S. Act shall also be attracted.

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6 . Considering the aforesaid submissions of the parties as well as the fact that the seized substance is of commercial quantity, this court is not inclined to grant bail to the petitioner and the same is hereby rejected.

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(Sourendra Pandey, J)

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Jyoti/-

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U T

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

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