Justice Partha Sarthy granted regular bail to the petitioner in a case involving the recovery of cough syrup with codeine under the NDPS Act and Bihar Excise Act, directing the furnishing of a bond and two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38186 of 2023
Arising Out of PS. Case No.-67 Year-2023 Thana- SINGHESHWAR District- Madhepura
======================================================
DILKHUSH KUMAR @ DILHUSH KUMAR SON OF SATO YADAV @ BHUPENDRA YADAV, RESIDENT OF VILLAGE- SATOKHAR, WARD NO. 11, PS- SINGESHWAR, DISTRICT- MADHEPURA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 07-07-2023 1. Heard learned counsel for the parties.
grant of regular bail in connection with Singeshwar P.S. Case no.67 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and section 21(C) of the NDPS Act.
Patna High Court CR. MISC. No.38186 of 2023(2) dt.07-07-2023 2/2
taking into consideration the nature of allegation in the F.I.R. wherein it is stated that 6 bottles of 100 ml. each of a cough syrup with codeine was recovered from the motorcycle belonging to the petitioner together with the petitioner having remained in custody since 25.3.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Singeshwar P.S. Case no.67 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge V-cum-Special Judge, Excise Act 1st , Madhepura.
(Partha Sarthy, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving recovery of codeine cough syrup.
Whether the sufficiency of grounds and nature of offence warrant the granting of bail under sections 30(a) and 21(C).
2 provisions across 2 enactments
Dilkhush Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
