Patna High Court - Orders
Diwakar Prasad Yadav vs The State Of Bihar on 5 May, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27466 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- Lalamnia District- Madhubani
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Diwakar Prasad Yadav S/o Narendra Kumar R/O- Village- Sahorwa, P.S.-
Laukahan, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Adv.
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
2 05-05-2025Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Lalmaniya Case No. 17 of 2025 dated 04.03.2025 registered for the offences punishable u/ss 21 and 23 of the N.D.P.S. Act and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on secret information, the informant along with the other police personal of SSB proceeded for raid of the shop of the co-accused, Pappu Yadav (Vishal Infotech). On search, some prohibited medicines as described in the written application were recovered from Vishal Infotech. The details of the recovered medicines as given Patna High Court CR. MISC. No.27466 of 2025(2) dt.05-05-2025 2/4 below :-
1. Onerex Cough Syrup 64 bottles
2. Korcof-c Cough Syrup 05 bottles
3. Nitravel tab 10 mg 351 tabs
4. Spasmo Proxy Vanplus Capsule 56 Caps
5. Buprenorphine Inj IP Talgesic 7 Ampoule
6. Nitrazepam Tab 10 mg 182 tabs
7. Promethazine Hydrochloride 8 ampoule
8. Diazepam inj IP 9 Ampoule
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the said recovery has been made from the shop of the co-accused, Pappu Yadav and the petitioner was standing near the said shop. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the seized contraband is of commercial quantity. The details of the said contraband is given as below :-
Sl. Drug Name Composition S. No. under Small Commercial Quantity of No NDPS Act, quantity quantity Tablet/Syrup . 1985
1. Onerex Chloropheneramine + NDPS Act-28 10 gm. 1 Kg. 64 bottles=6.4 l/Kg cough syrup Codine
2. Korcof-c Chloropheneramine 5 bottles=5x100 ml-
Patna High Court CR. MISC. No.27466 of 2025(2) dt.05-05-2025 3/4 Cough Syrup Malaete (2mg)+ 500m=0.5 l.
Dextromethorphan Hydrobromide(10 mg)+Phenylephrine (5 mg)
3. Nitravet Nitrazepam (10 mg) 221 of the 20 gm 500 gm 351 tab=3.51 gm.
Tablet-10 mg NDPS Act 4. Spasmo Dicyclomine Tramadol- Tramadol Tramadol 56 capsules x 385 proxyon (10mg)+ 238 ZH (5gm) (250gm) mg =21.56 gm plus Paracetamol (325 capsule mg) + Tramadol (50mg) 5. Buprenorp Buprenorphine 169 of the 1 gm 20 gm 7 ampoul=7x2 hine Inj IP HCL (0.324 mg) NDPS act ml=14 ml =14 gm 6. Nitrazepam Nitrazepam (10 Sl. No. 221 Nitrazepa Nitrazepa 182 Tablets x Tab 10 mg mg) of the NDPS m (20gm) m 10mg = 1.82 gm Act, 1985 (500gm) 7. Promethazi Promethazine HCL 8 ampoule=8x2=16 ne (.25/50mg) ml/gm Hydrochlor +Edetate disodium ide Inj IP (0.1mg)+ Calcium chloride (0.04 mg) +Phenol (.5 mg) +water 8. Diazepam Diazepam-5 43 schedule, 9 ampoule=9gm Inj IP mg+40% proplene NDPS Act glycol+10% of 1985, Alcohal+ 5% of 94, of the sodium Benzoate NDPS Act and Benzolic Acid+1.5 % benzyle alcohol
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Lalmaniya P.S. Case No. 17 of 2025, G.R. No. 16/2025 with the condition :-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of Patna High Court CR. MISC. No.27466 of 2025(2) dt.05-05-2025 4/4 the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/-
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