Patna High Court
Purushottam Kumar @ PuruShottam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner on a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, a driver, was implicated in a drug seizure case and faced two FIRs for the same alleged offence under Sections 18(C), 27(b)(ii) and 27(d) of the Drug and Cosmetic Act. He had already been granted regular bail in a related case (Laukahi P.S. Case No. 58 of 2025) by the Coordinating Bench of the same court. The petitioner argued that he was merely a driver, the seized medicines were claimed by others, and that the duplicate FIRs should not justify denial of bail. The State opposed the bail application, citing the pending charges and the petitioner’s criminal antecedent. The court, after considering the facts, ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his antecedents under Section 482(2) of the B.N.S.S. and other conditions, emphasizing that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the existence of two FIRs for the same alleged offence
- Whether the petitioner’s role as a driver and the claim of the seized medicines by others negate the necessity of custodial detention
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- drug offence
- double FIR
- driver
- criminal antecedent
- Section 482
- Drug and Cosmetic Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15181 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- GOVERNMENT OFFICIAL COMP.
District- Madhubani
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Purushottam Kumar @ PuruShottam Yadav S/o- Santosh Kumar @ Santosh
Kumar Yadav @ Santosh Yadav R/v- Nahar Chowck Atari Ps- Laukahi Dist-
Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
: Ms. Archna Aanand, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with C.R. (CO) Case No. 09 of 2025, for allegedly
having committed offence under Sections 18(C), 27(b)(ii) and
27(d) of the Drug and Cosmetic Act.
3. As per the prosecution case, the Drug Inspector
Sadar Hospital Madhubani filed a complaint case bearing C.R.
Case No. 09 of 2025 against the petitioner and others alleging
therein that in the light of letter no. 250, dated 29.03.2025 of
Assistant Drug Controller, Madhubani, the officials of the
raiding party seized some medicines and the same were handed
over to the S.H.O., Laukahi Police Station, District- Madhubani,
for which, a first information report was lodged bearing Laukahi
Patna High Court CR. MISC. No.15181 of 2026(3) dt.01-04-2026
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P.S. Case No. 58 of 2025 for offences under Sections 8, 21(c)
and 22(c) of the N.D.P.S. and subsequently on 29.03.2025, the
investigating team arrived at Laukahi Police Station and asked
for the copy of the first information report and thereafter, the
present case has been lodged.
4. The learned counsel for the petitioner submits
that for the same offence, two FIR have been lodged. The
petitioner has been granted regular bail by the Co-ordinate
Bench of this Court in Laukahi P.S. Case No.58 of 2025, vide
order dated 18.06.2025 passed in Cr. Misc. No. 37806 of 2025.
The petitioner is only a driver of the auto, from which the
alleged medicine is said to have been seized. Further, two other
persons, namely, Amod Kumar Yadav and Prem Kumar Pandit
have voluntarily came and claimed the medicines, which have
been seized from the spot, therefore, it cannot be said that the
medicines belong to the petitioner. The petitioner has got one
criminal antecedent i.e. Laukahi P.S. Case No. 58 of 2025, for
the same offence, in which he is on bail.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties
and considering the fact that the petitioner is a driver and for the
Patna High Court CR. MISC. No.15181 of 2026(3) dt.01-04-2026
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same occurrence, two FIRs have been lodged and in Laukahi
P.S. Case No. 58/2025, the petitioner was arrested and was
subsequently granted regular bail by the learned Co-ordinate
Bench of this Court, let the petitioner, above named, in the event
of arrest or surrender within a period of six weeks, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Additional Sessions Judge, Madhubani
in connection with C.R. (CO) Case No. 09 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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