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2025 DAILYLAW 49900 (PAT)

Birbal Mehta @ Birbal kumar v. The State of Bihar

CR. MISC./38855/2025 · 2025-09-03

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38855 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== Birbal Mehta @ Birbal kumar S/o- Late Ruplal Mehta Resident of Koriyani Tol, Moghalia Purandaha ward no. 4, P.S.- Dhamdaha. District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Fazle Karim, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 03-09-2025 Heard learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8(c), 21(c), 25 and 29 of the NDPS Act. 3. The case of the prosecution is that from an E- rickshaw altogether 416 bottles cough syrup 100 ml each containing codeine was recovered. Budhan Ram and Rakesh Kumar Bhagat were apprehended from the E-rickshaw. Rakesh has diclosed the name of this petitioner stating that the seized contraband belongs to this petitioner. 4. Learned counsel for the petitioner has submitted that no recovery has been made from this petitioner. The recovery was made from an E-rickshaw. Recovery if any has Patna High Court CR. MISC. No.38855 of 2025(3) dt.03-09-2025 2/2 been made from the E-rickshaw and name of this petitioner has been surfaced in the statement of co-accused. The petitioner is in custody since 05.04.2025. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner stating that the commercial quantity of codeine was recovered from the E-rickshaw. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhamdaha P.S. Case No. 75 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea. durgesh/- (Ashok Kumar Pandey, J) U T