Patna High CourtCR. MISC./22658/2023allowed

Kundan Kumar v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22658 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== Kundan Kumar Son Of Kameshwar Yadav R/V- Sardarpur PsMadhusudanpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 18/27 of the Drugs & Cosmetic Act and Sections 21, 22 of the N.D.P.S. Act.

There is recovery of 28 bottles of prohibited codeine cough syrup each containing 100 ml from the Dhaba of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner had no

Patna High Court CR. MISC. No.22658 of 2023(3) dt.11-07-2023 2/2 knowledge about recovery of alleged syrup and the recovery was made from the Dhaba of the petitioner which is a public place but no independent witness has sign in the seizure list and the seizure list witnesses are police officials. The petitioner is languishing in custody since 05.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District Judge, Bhagalpur in connection with Habibpur P.S. Case No. 02 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T