Dharam Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14889 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Dharam Nath Kumar Son of Lal Bahadur Yadav Resident of VillageBahrampur, Police Station- Raghopur, Distt. - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Union of India through the Superintendent of Narcotics Drugs and Psychotropic Substance Act Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the UOI/ NCB :

Mrs. Parul Prasad (CGC) Mr. Aditya Anand, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Nadi P.S. Case No. 326/24 registered for the offence under Sections 21(c), 22(c), 25 of NDPS Act.

3. According to the case of prosecution, it is alleged that on the date of incident the police party reached on the spot. At that time, present applicant and co-accused Rinku Devi were found present inside the flat. On being searched, total 465 bottles of codeine cough syrup, each containing 100 ml found, which has been seized from their possession.

Patna High Court CR. MISC. No.14889 of 2025(3) dt.12-05-2025 2/3

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. The seized cough syrup is not seized from their conscious possession of the petitioner. He further submits that on the same allegation Rinku Devi has already been granted benefit of regular bail by the Co-ordinate Bench of this Court in Cr. Misc. Case. No. 1309/2025, therefore, on this ground, it is prayed that he may be also granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Considering the above submissions put forth by the counsels and particularly considering the fact that the codeine which is found in the cough syrup is below than the commercial quantity and further considering the fact that on the same allegation, co-accused Rinku Devi has already been granted benefit of bail, I am of the view that the petitioner should be enlarged on bail.

7. Accordingly, the application is allowed.

8. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-special Judge, NDPS, Patna in connection

Patna High Court CR. MISC. No.14889 of 2025(3) dt.12-05-2025 3/3 with Nadi P.S. Case No. 326 of 2024.

(Arvind Singh Chandel , J) krishnakant/- U T