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Patna High CourtCR. MISC./54380/2018allowed

Md. Gulam Sarwar v. The State Of Bihar

2018-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54380 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Gulam Sarwar, S/o Late Gulam Mustafa, Resident of Markeji Tola, Hussainabad, P.S.- Babarganj, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tarun Prasad Mandal For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Mojahidpur (Babarganj) P.S. Case No. 92 of 2018 for the offence under sections 18©, 18a, 188, 27(B)(II), 28, 28(A) 36AC Drugs and Cosmetic Act, 1985 and Section 22(b) of the NDPS Act.

Learned counsel for the petitioner submits that on the report of Drug Inspector, the present case was registered. There is allegation that during the course of raid, the petitioner was apprehended alongwith 143 bottles of cough syrup.

Learned counsel for the petitioner submits that in the instant case seizure was not prepared in accordance with

Patna High Court Cr.Misc. No.54380 of 2018(2) dt.20-09-2018 2/2 mandatory provision of Section 100 of Cr.P.C. Considering the totality of facts situation, let the petitioner, named above, 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 learned C.J.M., Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 92 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T