Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15065 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.
Dharmendra Kumar, son of Late Kameshwar Raut, Resident of Manpur, Kurmi Tola, Manpur, P.S. - Mufassil, District - Gaya, Bihar 2.
Mohit Kumar, son of Bigan Prasad @ Vigan Prasad, Resident of Tekari Road, Dhami Tola, Purushottam Das Lane, Murarpur Road Gaya, P.S.- Kotwali, District - Gaya, Bihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Ojha, Advocate Mr. Abhimanyu Kumar, Advocate Mr. Mrityunjay Kumar, Advocate Ms. Urvashi Bharti For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Kotwali P.S. Case No.21 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The accused/petitioners are named in the FIR and are in custody since 17.01.2025.
4. During the police raid, the petitioners along with other co-accused persons were found unloading cough syrup, where one of the composition was "codeine phosphate",
Patna High Court CR. MISC. No.15065 of 2025(6) dt.29-08-2025 2/3 which is a prohibited drug as per Narcotic Drugs and Psychtropic Substances Act, 1985 (in short 'N.D.P.S. Act').
5. It is submitted by learned counsel appearing for the petitioner that the drug in issue was of S.R. Traders and, therefore, for release of same the proprietor of firm namely, Shree Ram Kumar filed C.W.J.C. No.11353 of 2025 before Division Bench of this Court. It is submitted that as petitioners were engaged for unloading the same, they were implicated with present case, having otherwise no idea about the drugs which was sealed in cartoons or any composition of the drug as alleged through FIR being one of the narcotic substance. It is pointed out that the scheduled drugs can be stored as per license of the petitioner of aforesaid C.W.J.C. being 'Schedule-H' drug in his godown for the purpose of sale. While concluding argument, it is submitted that investigation of this case is already completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover both petitioners are men of clean antecedent.
6. Learned APP opposed the prayer for grant of bail
Patna High Court CR. MISC. No.15065 of 2025(6) dt.29-08-2025 3/3 to the petitioners.
7. In view of aforesaid factual submissions, as recovered drugs prima facie claimed by authorized dealer, as discussed aforesaid, coupled with the fact that the investigation of this case is already completed, where both petitioners are in custody since 17.01.2025, accordingly, both above-named petitioners are directed to be released 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 Additional Sessions Judge-cumCourt of Exclusive Special Excise, Gaya/concerned court in connection with Kotwali P.S. Case No.21 of 2025, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T