Amar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79222 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Haraiya District- East Champaran ====================================================== Amar Patel, aged about 27 years, M, son of Krishna Prasad @ Krishna Prasad Patel, resident of village- Tumriya Tola, Ward no. 05, PS- Haraiya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Haraiya PS Case No.115 of 2025 dated 21.09.2025 giving rise to NDPS GR Case No.130 of 2025 instituted for the offence punishable under Sections 21(C), 23(C), 29 of the NDPS Act.
3. The allegation is of recovery of 20 bottles each of 100 ml codeine based cough syrup, namely, ONEREX Cough syrup from the bag hanging on the motorcycle.
4. Learned counsel for the petitioner submits that the motorcycle, in question, does not belong to the petitioner. The petitioner and co-accused Uttam Giri belong to the same village and the petitioner had to purchase some medicines for his father
Patna High Court CR. MISC. No.79222 of 2025(2) dt.19-11-2025 2/2 and, therefore, he had taken lift on the motorcycle of Uttam Giri, in the meanwhile, he was apprehended with Uttam Giri. The petitioner had no knowledge about the bag containing cough syrup on the motorcycle of Uttam Giri. Petitioner is in custody since 22.09.2025 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of 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 Sessions Judge/Special Judge, East Champaran, Motihari, in Haraiya PS Case No.115 of 2025 giving rise to NDPS GR Case No.130 of 2025.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T