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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32482 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- BAHADURPUR District- Darbhanga ======================================================
1. Govind Patel @ Govind Kumar S/O Sukal Singh @ Sukal Patel @ Sukaru Patel R/O Village- Haripur Kala @ Harpur Kalan , P.S.- Majorganj @ Mejorganj, Dist. - Sitamarhi.
2. Vikash Kumar Singh @ Vikash Kumar S/O Late Kedar Singh R/O Village- Godhiya Chaman, P.S- Bhagwanpur, Distt.- Muzaffarpur. ... ... Petitioners. Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 20-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Section 21 (c) of the N.D.P.S. Act.
3. The allegation against the petitioners is that they are the driver and khalasi of the bus from which four cartoons of Onrex cough syrup was recovered from the back seat of the bus, one cartoon containing 120 bottles of 100 ml. and three cartoons containing 117 bottles of 100 ml., totaling to 47.70 liters of Onrex cough syrup.
Patna High Court CR. MISC. No.32482 of 2025(2) dt.20-05-2025 2/3
4. It is submitted by learned counsel for the petitioners that the petitioners are the driver and conductor of the said bus and they had no knowledge that the seized cough syrup were kept in the back seat. It is further submitted that there is violation of mandatory provisions of Sections 41 and 42 of the N.D.P.S. Act. The cough syrup had codeine mixed with it but the exact codeine content has not been specified and hence it cannot be stated with certainty that the quantity which was seized was commercial or non-commercial in nature. Further, there is no F.S.L. report on record and it has only been stated in the order of the learned Court below that the Drug Inspector has reported that the seized medicines are intoxicating substance. Petitioners have no criminal antecedent and have been languishing in custody since
04.04.2025.
5. Taking into consideration the fact and circumstances of the case, the above named petitioners are
directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor
Patna High Court CR. MISC. No.32482 of 2025(2) dt.20-05-2025 3/3 Court in connection with Bahadurpur P.S. Case No.174 of
2025.
Trivedi/- (Soni Shrivastava, J) U T