Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64266 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Ramesh Kumar, Son of Rajendra Prasad, R/o.- Machhpakauni, P.S.- Bela, Dist.- Sitamarhi, Nirala, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-09-2025 Heard Mr. Vishal Vikram Rana, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with Bela P.S. Case No. 180 of 2024 dated 27.07.2024 registered for the offence punishable under section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution story, the informant received secret information that the FIR named accused of Bela P.S. Case No. 24/2024, namely, Ramesh Kumar (petitioner), who was presently on bail at that time, had kept intoxicated medicines and Ganja in his house, then the informant along with other police personnel, reached near the house of the petitioner. Upon seeing the police party, one person, who was coming out of the petitioner's house, fled away throwing his motorcycle and a
Patna High Court CR. MISC. No.64266 of 2025(2) dt.10-09-2025 2/3 plastic bag containing 5.300 kg ganja. It is further alleged that upon searching the petitioner's house, 876 bottles containing 87,600 ml cough syrup in different bottles and other intoxicated materials, were recovered.
4.
The main submissions advanced by petitioner's counsel are that as per the allegation levelled in the FIR, three recoveries of the alleged contrabands are said to have been made, one from the possession of the co-accused, namely, Raj Kishore Sah; second from the motorcycle found in front of the petitioner's house; and third from the petitioner's own house, the petitioner has no concern with the first two recoveries as there is no allegation as to his involvement in respect of the first two recoveries and the third recovery relates to cough syrup bottles of particular companies and Nitravet tablets, a prohibited intoxicating drugs, but during the course of investigation, the FSL report was obtained, which shows that the materials purportedly seized from the house of this petitioner were found to be of standard quality, which does not show these material containing narcotic substance, therefore, the alleged offence of the NDPS Act under which the FIR has been registered does not attract against this petitioner.
Patna High Court CR. MISC. No.64266 of 2025(2) dt.10-09-2025 3/3 materials recovered, has been granted bail by a co-ordinate Bench of this Court vide order dated 17.01.2025 passed in Cr. Misc. No. 69030/2024. It is lastly submitted that the compliance of the mandatory provision of section 50 of the NDPS Act was not made by the concerned police officials while conducting search for the narcotic contraband.
5. Learned APP for the State has opposed the prayer of the petitioner and submits that a large quantity of cough syrup bottles were recovered from the house of this petitioner and against him, there is one more criminal case bearing Bela P.S. Case No. 24/2024, which was also lodged for the offence under the NDPS Act.
6. Considering the seriousness of the allegation showing the recovery of large quantity of cough syrup bottles from the house of this petitioner and also the petitioner's one criminal antecedent relating to the NDPS matter, this Court is not inclined to release him on bail. Accordingly, his prayer stands rejected.
(Shailendra Singh, J) annu/- U T