Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18582 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Vivek Kumar Son of Ramniwas Singh Resident of Village- Jijouli, P.S.- Masrakh, district- Saran (Chhapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through NDPS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Naugachia P.S. case No. 06 of 2024 instituted for the offences under Sections 21(c), 22(c), 25 of the N.D.P.S. Act.

3. Prosecution case, in short, is that 285 bottles of 100ml each containing Triprolidine Hydrochloride and Codeine Phosphate of CODEC-T company and 42 bottles of 100ml each of Wiscof company syrup were recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He submitted that total 1.635 gram of codeine was recovered. Charge-sheet has been submitted in this case. Petitioner is in

Patna High Court CR. MISC. No.18582 of 2024(3) dt.01-05-2024 2/2 custody since 04.01.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, the recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naugachia P.S. case No. 06 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T