Nitin Kumar @ Bholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16302 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NITIN KUMAR @ BHOLU S/O NAVIN MANDAL RESIDENT OF DURGA ASTHAN, P.S- TILKAMANJHI, DISTT.- BHAGALPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 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 Sections 18(c) and 27 of the Drugs and Cosmetic Act and Section 22 of the N.D.P.S. Act. As per prosecution case, on secret information received, police party started checking and upon search there has been recovery of 28 bottles of contraband cough syrup from a bag, which was kept on handle of the petitioner's motorcycle. 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 with the seized syrup. He submitted that the bottle of

Patna High Court CR. MISC. No.16302 of 2023(2) dt.29-04-2023 2/2 cough syrup is usually of 100ml, in which there is 10mg of codeine in each bottle, therefore, the said recovery of bottles were 28 in numbers, so that the total weight of codeine would be 280mg, which does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.01.2023.

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 Additional Sessions Judge-I, Bhagalpur in connection with Bhagalpur Kotwali (Barari) P.S. Case No. 60 of 2023. (Sunil Kumar Panwar, J) arish/- U T