Baliram Rai @ Baliram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44399 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Baliram Rai @ Baliram Kumar S/o Paras Rai @ Paras Ray @ Paras Yadav Resident of Indarwa, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and Mr. Zainul Abedin, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sonbersa P.S. Case No. 108 of 2025 instituted for the offence under Section 21(C) of the NDPS Act.
3. The case of the prosecution is that one Fulo Kumari informed the police that this petitioner has kept ONEREX cough syrup containing codeine in 30 cartons in her hut forcefully and on her information her hut was raided and from that hut altogether 30 cartons each containing 120 ONEREX cough syrup was recovered.
4. Learned counsel for the petitioner has submitted that from perusal of the seizure list it will transpire that seizure
Patna High Court CR. MISC. No.44399 of 2025(2) dt.01-08-2025 2/3 has been made from the hut of Fulo Kumari. Nothing has been recovered from the possession of the petitioner, even he was not found at the place of occurrence at the time of raid. Learned counsel further submitted that seizure list will go to show that it does not contain the signature of even Fulo Kumari. If the seizure was made from the house of Fulo Kumari, it must bear signature of the said Fulo Kumari.
5. Learned APP appearing for the State has vehemently opposed the prayer for bail and has submitted that altogether 360 liter if syrup containing codeine has been recovered.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sonbersa P.S. Case No. 108 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Sitamarhi, subject to the conditions as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.44399 of 2025(2) dt.01-08-2025 3/3
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T