Shatrudhan Kumar v. the Union of India

Patna HC8 May 2025CR. MISC./85029/2024

Case brief

AI extract

What is this about?

NDPS Act S.21-C bail — Patna High Court Criminal Miscellaneous No.85029 of 2024, oral order dt.08-05-2025, Khatim Reza, J.; Sonbersa/Sonbarsa PS Case No.249 of 2024, District Sitamarhi; recovery of 298 bottles x 100 ml Codeyl-T (codeine phosphate) syrup from petitioner's E rickshaw; no signature on seizure list; FSL report 10 mg Codeine Phosphate per 5 ml; custody since 22.08.2024; bail bonds Rs.10,000 with two like sureties before Special Judge, Sitamarhi; bail application allowed.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Sitamarhi, in Sonbarsa PS Case No.249 of 2024. ¶¶23

Shatrudhan Kumar Vs the Union of India — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on bail in connection with Sonbarsa PS Case No.249 of 2024, instituted for the offence punishable under Sections 21-C of the NDPS Act.

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Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the Court directed that 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 Special Judge, Sitamarhi, in Sonbarsa PS Case No.249 of 2024.

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Detailed headnote1 paragraphs

Bail granted (NDPS S.21-C): By oral order dated 08-05-2025 in Criminal Miscellaneous No.85029 of 2024 (arising out of Sonbersa/Sonbarsa PS Case No.249 of 2024, District Sitamarhi), Khatim Reza, J. of the Patna High Court allowed the petitioner's bail application. Allegation: recovery of 298 bottles each of 100 ml of Codeyl-T syrup from the petitioner's E rickshaw. Counsel for the petitioner urged innocence and false implication, that the entire process of seizure and arrest was bad in law, absence of the petitioner's signature on the seizure list despite arrest at the time of seizure, that he was owner-cum-driver of the E rickshaw earning his livelihood therefrom, that as per the FSL report each 5 ml of Codedyl-T contains 10 mg Codeine Phosphate, and clean antecedents with custody since 22.08.2024. Learned APP and counsel for the Union of India opposed the prayer for bail. Considering the facts, circumstances and submissions, the Court directed release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Sitamarhi; the application stood allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85029 of 2024

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Arising Out of PS. Case No.-249 Year-2024 Thana- SONBERSA District- Sitamarhi

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Shatrudhan Kumar, aged about 26 years, Male, S/o Vujhavan Ray, resident of Village- Araria, Ward No. 15, P.O.- Araria. P.S.- Kanhouli, District- Sitamarhi (Bihar)

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... ... Petitioner/s

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Versus

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The Union of India through the SSB

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The State of Bihar

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the OP No.1 : Mr. Arun Kumar Satyamurti, CGC For the OP No.2 : Mr. Yogendra Kumar Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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5 08-05-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with Sonbarsa PS Case No.249 of 2024 dated 22.08.2024, instituted for the offence punishable under Sections 21-C of the NDPS Act.

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The allegation is of recovery of 298 bottles each of 100 ml. of Codeyl-T syrup from the E rickshaw of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is also submitted the entire process of seizure and arrest of the petitioner is bad in law. There is no signature of the

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Patna High Court CR. MISC. No.85029 of 2024(5) dt.08-05-2025 2/2

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petitioner on the seizure list especially when the petitioner was said to be arrested at the time of seizure. The petitioner is owner cum driver of the E rickshaw from which he was earning in livelihood. It is further submitted that as per the FSL report each 5 ml of Codedyl- T contains 10 mg Codeine Phosphate. Lastly, it is submitted that petitioner is in custody since 22.08.2024 having clean antecedents.

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Learned APP as well as learned counsel for the Union of India has opposed the prayer for bail.

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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 Special Judge, Sitamarhi, in Sonbarsa PS Case No.249 of 2024.

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The application stands allowed.

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(Khatim Reza, J)

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J. Alam/-

Shatrudhan Kumar v. the Union of India

Case brief

What is this about?

What did the court decide?

Shatrudhan Kumar v. the Union of India

Case brief

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What the court decided

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