Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7476 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== ANKIT KUMAR S/O SIKENDRA YADAV Resident of VillagePithahi,Ward No.- 11, P.S and District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 21 (B) of the NDPS Act and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, on secret information received, police party started checking and upon search there has been recovery of 550 bottles, each bottle containing 100ml of codeine mixed cough-syrup i.e., total 55 litre from the Dickey of Baleno Car.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either the vehicle or with the seized narcotics like

Patna High Court CR. MISC. No.7476 of 2023(3) dt.19-06-2023 2/2 substance (codeine syrup). The provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. Nothing incriminating article has recovered from the conscious possession of the petitioner. He further submitted that the other co-accused namely Sawan Kumar has already been granted bail. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned concerned Court in connection with Murliganj P.S. Case No. 468 of 2022.

(Sunil Kumar Panwar, J) arish/- U T