Awadhesh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26555 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Awadhesh Poddar Son Of Chinta Haran Poddar Resident Of Village - Rambagh, P.S. - Sadar, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== 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 275, 276 of the Indian Penal Code, Section 30(a) of the Bihar Prohibition & Excise Act, Section 21(C) of the N.D.P.S Act and Sections 27(I)(II), 27(C) of the Drugs & Cosmetic Act.

There is recovery of 200 bottles of prohibited codeine cough syrup each containing 100 ml from the

Patna High Court CR. MISC. No.26555 of 2023(3) dt.11-07-2023 2/3 house 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 knowledge about recovery of alleged syrup and the recovery was made from the joint family house of the petitioner. The petitioner has no concern with alleged syrup nor alleged syrup belongs to the petitioner. The petitioner is languishing in custody since 31.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 15.05.2023 passed in Cr. Misc. No. 28186 of 2023. 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 Special Judge,

Patna High Court CR. MISC. No.26555 of 2023(3) dt.11-07-2023 3/3 N.D.P.S Act, Purnea in connection with Special (NDPS Act) Case No. 28 of 2023, arising out of K. Hat P.S. Case No. 130 of 2023.

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