Patna High CourtCR. MISC./50418/2018bail granted

Rocky Kumar v. The State Of Bihar

2018-08-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50418 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- Jogbani (Bathanaha) District- Araria ====================================================== Rocky Kumar S/o Dilip Yadav @ Dilip Kumar Yadav, R/o Vill.- Farhi Koshkipur, Ward No. 02, P.O. Farhi, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-08-2018 Heard Sri Babu Nandan Prasad, learned counsel for the petitioner and Sri Binod Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 24-06-2018 in Jogbani (Bathanaha) P.S. Case No. 177 of 2018 registered for offence under Sections 21, 22, 23 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act"), has prayed for grant of bail. It has been argued by learned counsel for the petitioner that petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition. It has also been argued that in this case, petitioner has been made accused on an accusation of recovery of about 205 bottles of cough syrup containing 100 ml. each. It has been argued that cough syrup is

Patna High Court Cr.Misc. No.50418 of 2018(2) dt.20-08-2018 2/2 not a narcotic substance, even then, the petitioner has been made accused under the provision of N.D.P.S. Act.

Learned Addl. Public Prosecutor has disputed the submission of learned counsel for the petitioner. However fact remains that petitioner is in custody on an allegation of recovery of cough syrup only. In view of facts and circumstances, let the petitioner namely Rocky Kumar be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Jogbani (Bathanaha) P.S. Case No. 177 of 2018.

(Rakesh Kumar, J.) anay U T