Bechan Purvey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82573 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Bechan Purvey Son of Bindeshwar Purwe R/o Village- Bhutahi, P.S.,- Bhutahi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Madhubala Verma, Adv.

For the Opposite Party/s :

Mrs. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Sonbarsa P.S. Case no.196 of 2025 registered under section 21C of NDPS, Act.

3. Allegation in the F.I.R is that 1200 bottles of 100 ml each of Onerex Cough Syrup containing codein phosphate was recovered from the back seat of the Auto bearing BR30PA4584.

4. Learned counsel for the petitioner submits that F.I.R was lodged on taking into custody of one Manoj Paswan who upon his apprehension along with codein cough syrup disclosed the name of another person who had run away as Anil Paswan. The name of the petitioner has transpired in the F.I.R

Patna High Court CR. MISC. No.82573 of 2025(4) dt.18-02-2026 2/3 only for the reason that he happens to be the owner of the said Auto and the said vehicle was hired by co-accused Anil Paswan at the rate of Rs.300/- per day and the petitioner has no knowledge of vehicle being put to any illegal use. Further, coaccused Anil Paswan, whose name has transpired on the disclosure made by apprehended Manoj Paswan, has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.09.2025 passed in Cr. Misc. No. 63575 of 2025. The petitioner has no criminal antecedent and he is in custody since 26.08.2025. He undertakes to cooperate in the case/trial and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that no doubt the recovered quantity is a commercial one but no recovery has been made from the possession of the petitioner and his implication is only on the basis of the fact that he is the owner of the said vehicle, coupled with the fact that co-accused Anil Paswan has been granted bail by aforesaid order dated 16.09.2025, the petitioner is directed to be enlarged on bail in connection with Sonbarsa P.S. Case no.196 of 2025 on

Patna High Court CR. MISC. No.82573 of 2025(4) dt.18-02-2026 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the further condition that the petitioner shall remain physically present in the learned trial Court on each date and shall cooperate in the trial. In case the petitioner is absent on the two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J) Harsh/- U T