Guddu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40005 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Guddu Khan S/O Late Manjur Khan Resident Of Village - Nawalpur, P.S. - Malangwa, Dist. - Sarlahi (Nepal).

2.

Ibran Khan S/O Late Jahur Sheikh Resident Of Village - Hariaun Ward No. -04, P.S. - Malanwa, Dist. - Sarlahi (Nepal). ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard the learned Advocate for the petitioners and the learned APP for the State through video conferencing.

The petitioners seek bail in connection with Sonbarsa P. S. Case No.100 of 2021, instituted for the offences under Section 414 of the Indian Penal Code and Sections 21(b) of the N.D.P.S. Act.

The learned counsel for the petitioners submits that the petitioners are in custody since 15.04.2021, they are persons with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.40005 of 2021(2) dt.11-01-2022 2/3 Allegation is of recovery of 63 bottles of DialexDC each containing 100 ml. from a bag including the motorcycle which the petitioners were riding. The learned counsel for the petitioners submits that Dialex-DC is a cough syrup and is being used for treatment of dry cough and manufacturer of this syrup is Dr. Reddy's Laboratories Limited and composition of this syrup codeine (10mg) + Chlorpheniramine (4mg) and is not a prohibited medicine.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody since 15.04.2021, they are persons with clean antecedent, charge-sheet has been submitted in the case and codeine is not a narcotic drug and the manufacturer of the medicine is Dr. Reddy's Laboratories Limited, which is used for treating the dry cough, the petitioners, abovenamed, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S.

Patna High Court CR. MISC. No.40005 of 2021(2) dt.11-01-2022 3/3 Act, Sitamarhi in connection with Sonbarsa P. S. Case No.100 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T