Bhudeo Mandal @ Bhudev Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42845 of 2016 Arising Out of PS.Case No. -386 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Bhudeo Mandal @ Bhudev Mandal Son of Sri Chatu Mandal Resident of Village- Biharipur, Police Station- Madhusudanpur, District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.
This application is for grant of bail in connection with Kotwali P.S.Case No.386 of 2016 for the offence under Sections 27(b)(ii)28/28A of Drug and Cosmetic Act, 1940 and Section 22(b) of the N.D.P.S.Act.
It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner rather the articles were of Murari Pd. Jhunjhunwala and the petitioner is staff only as well as the F.I.R. itself shows that he had been asked to sit on the Scooty and one bag containing corex cough syrup has been recovered from that Scooty and Murari Pd. Jhunjhunwala has already been granted bail by this Court. The petitioner is in custody for about six months.
Patna High Court Cr.Misc. No.42845 of 2016 (5) dt.20-02-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides. In view of the fact that from the F.I.R. itself, it appears that one bag containing corex cough syrup has been recovered from the possession of the petitioner and later on at his instance, other four bags were also recovered, as such considering the above facts, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail after six months, which will be considered by the learned court below itself and pass appropriate order. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U