Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59023 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai ====================================================== Deepak Kumar, male, aged about 26 years, son of Pankaj Yadav @ Pankaj Kumar, resident of Village- Pirnagar (Pirnagra), Ward No. 13, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh, Advocate For the State :
Mr. Choubey Jawahar, APP For the OP No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with FCI PS Case No.45 of 2025 dated 23.06.2025, instituted for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case, in brief, is that on the alleged date of occurrence the informant, who is the Officer-in-Charge of the FCI PS, got information from DIU Branch that fourwheelers, bearing registration no. BR09AW 4494, BR01JA 1437 and JH01DV 4498 are coming from Patna with illicit liquor. On this information, she informed her senior officers about this
2/4 matter and on his order, she started checking of the vehicles with Chakiya SHO Niral Kumar. During the course of checking, three four-wheelers vehicle bearing Reg. Nos. BR09AW 4494, BR01JA 1437 & JH0IDV 4498 were coming from Simaria and they were stopped. On seeing police party, 5-6 persons started running but they were caught with the help of police personnel. On interrogation, they disclosed their names as Rajesh Kumar, Ranbir Kumar, Deepak Kumar son of Gulab Yadav, Deepak Kumar S/o Pankaj Yadav, Sumit Kumar and Ankush Raj @ Bittu Patel. When they were asked about the articles which were kept in the vehicles, they did not give satisfactory reply. Then on searching of white colour BREZZA bearing registration no.
BR09AW 4494 in which Rajesh Kumar and Ranbir Kumar were sitting, total 1200 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN cough syrup in yellow plastic sack total 120 litre were recovered. Further, on searching second white colour BREZZA bearing registration number BRO1JA 1437 in which Deepak Kumar, S/o Gulab Yadav and Deepak Kumar S/o Pankaj Yadav (petitioner) were siting, total 1800 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN cough syrup in yellow plastic sack total 180 litres were recovered.
3/4 colour TRIBER bearing registration no. JH01DV 4498 in which Sumit Kumar and Bittu Patel @ Ankush Raj were sitting, total 1600 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN cough syrup in yellow plastic sack total 160 bottles and 100 bottles of Triprolidine Hybrochloride and Codeine Phosphat Syrup WISCODIN cough syrup in yellow plastic sack total 10 litre were recovered and, thus, total 470 litres cough syrup was recovered.
4. Learned counsel for the petitioner submits that allegation is of recovery of 180 litres of cough syrup from the vehicle in which the petitioner was found along with Deepak Kumar son of Gulab Yadav. It is also submitted that nothing was recovered from conscious possession of the petitioner. Further submission is that the seizure list will show that seizure was made from vehicle bearing registration no. BR01JA 1437 and not from the conscious possession of the petitioner. Name of the petitioner is not mentioned on the seizure list. The petitioner has no concern with the seized cough syrup. Lastly, it is submitted that the petitioner is in custody since 23.06.2025 having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
4/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Principal Sessoins Judge, Begusarai, in FCI PS Case No.45 of 2025.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T