Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38408 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Kundan Kumar son of Rambabu Mahto Vill- Tara Bariyarpur PsKhodawandpur Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Yadav For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khodawandpur P.S. Case No. 138/2023 lodge on 17.03.2023 under Section 420/120B of the Indian Penal Code and 8/18/20/22(C)/23 NDPS Act and 18(C)/27(B) 1, 18(A)/28 Drugs And Cosmetics Act 1945 (Amendment 2013)
3. As per the prosecution case, F.I.R. has been lodged against three known and one unknown accused persons including the present petitioner with whom there is recovery of 96000 litre cough syrup which contains codeine phosphate.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is the owner of the truck and he has
Patna High Court CR. MISC. No.38408 of 2024(2) dt.12-07-2024 2/2 no knowledge about the article which were loaded in the truck as the truck is driven by the driver and khallasi who was apprehended on spot. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 01.11.2023.
5. Learned APP for the State opposes the prayer for bail and submits that the cough syrup which is seized contains Codeine Phosphate which is N.D.P.S. material and more than the commercial quantity.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J) Sunnykr/- U