Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25562 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== RAHUL KUMAR SON OF ANIRUDH MANDAL R/O VILLAGEDUMARIA, WARD NO.13, P.S.- NARPATGANJ, DISTRICT- ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 8 ( C ), 21 ( C) of the NDPS Act.
Prosecution case relates to recovery of 387 litres of Eskuf Cough Syrup kept in 3870 vials from Innova and Maruti Alto Car. Petitioner and co-accused Dipak Paswan were arrested on spot. It is alleged that Rahul Kumar is owner and driver of the Maruti Alto Car and on asking, they could not produce the valid documents.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from his possession or
Patna High Court CR. MISC. No.25562 of 2023(3) dt.27-07-2023 2/2 from his car except one mobile set, which belongs to the petitioner. He has no concern with Innova Vehicle from which cough syrup was recovered. 387 litres cough syrup contain 38.7 grams of codeine, whch is less than commercial quantity. He is languishing in judicial custody since 25.10.2022. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Supaul in connection with NDPS Case No. 27 of 2022 arising out of Kishanpur PS Case No. 264 of 2022. (Sunil Kumar Panwar, J) lata/- U