Patna High CourtCR. MISC./37488/2016bail granted

Virendra Kumar v. The State Of Bihar

2017-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37488 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Virendra Kumar Son of Damodar Prasad Resident of Mohalla- Chand Kuan, P.O and P.S- Barbigha, District Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody in connection with N.C.B. Case No. 4 of 2016 and Special N.D.P.S. Case No.33 of 2016 for the offences punishable under Sections 8/21 of the N.D.P.S. Act, 1985.

From the house of Om Prakash Kumar Sah 5200 bottles of Phensedyl Cough Syryp was recovered which was containing Codeine Phosphate, a narcotic item. Om Prakash Kumar Sah informed that the petitioner had supplied one thousand bottles to him.

Submission of the petitioner is that nothing was recovered from the house or possession of the petitioner and

Patna High Court Cr.Misc. No.37488 of 2016 (5) dt.09-01-2017 2/2 Codeine Phosphate is permissible to be added in Phensedyl Cough Syrup.

Learned counsel for Narcotic Control Bureau does not dispute that Codeine Phosphate is permissible in Phensedyl Cough Syrup. However, he opposes the prayer for bail on the ground that the petitioner had conscious knowledge of the aforesaid unauthorized possession of Om Prakash Kumar Sah. Considering the fact that nothing was recovered from the possession of the petitioner and the petitioner has stated on oath that he is not an accused in such type of case and is in custody since 16.06.2016, let petitioner, above named, 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 Special Court, Patna/Successor Court, in connection with N.C.B. Case No. 4 of 2016 and Special N.D.P.S. Case No.33 of 16. (Birendra Kumar, J) Mkr./- U T