Habibur Rahman @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5779 of 2022 Arising Out of PS. Case No.-317 Year-2021 Thana- KASBA District- Purnia ====================================================== Habibur Rahman @ Bhola Son of Matiur Rahman Resident of Village Banka Tola Banaili, P.S. - Kasba, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kasba P.S. Case No. 317 of 2021, registered for the offence punishable punishable under Sections 275, 276 of the Indian Penal Code, section 30(a) of the Bihar Prohibition and Excise Act, 2016 and sections 21(a), 22(b) and 27(c) of the Narcotic Drugs and Psychotropic Substances Act.

14 bottles of Codeine cough syrup containing 100 ml each bottle has been recovered from mobile repairing shop of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner and he was not apprehended on the spot. Recovery has not been made from the

Patna High Court CR. MISC. No.5779 of 2022(2) dt.05-04-2022 2/2 shop of this petitioner. Petitioner claims clean antecedent and he is in custody since 19.12.2021. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 Special Judge NDPS Act, Purnea in connection with Kasba P.S. Case No. 317 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T