Chandan Kumar @ Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24690 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Chandan Kumar @ Abhinandan Kumar S/O-Chandrashekhar Pal R/OSabaur, Chuna Factory, P.S.-sabaur, Distt.-bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 22 of the NDPS Act and Sections 18A, 18B, 18C, 27B(ii), 28, 28D of the Drugs and Cosmetics Act.

As per FIR, the petitioner was apprehended on the spot and on search, total 239 bottles (each bottle containing 100 ml) prohibited cough syrup has been recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery he has only given lift to

Patna High Court CR. MISC. No.24690 of 2023(2) dt.22-05-2023 2/2 co-accused Manohar Kumar who has one bag and the petitioner was not aware that prohibited syrup is kept in the bag. Seizure list has not been prepared as per provision of law. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sabaur P.S. Case No. 57 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I, Bhagalpur.

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