Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27859 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== CHANDAN KUMAR S/o Shri Upendra Yadav @ Upendra Kumar R/o village- Amha, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udbhav, Advocate For the Opposite Party/s :
Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Madhepura P.S. Case No. 226 of 2022 registered for the offence under Section 21(a) of the N.D.P.S. Act and 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 09.03.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 9.800 litres of corex cough syrup.
Patna High Court CR. MISC. No.27859 of 2022(2) dt.05-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery was made from the motorcycle which was jointly occupied by other co-accused persons, and as such it cannot be said to be recovered from conscious physical possession of the petitioner. It is submitted that petitioner is no way connected with the alleged motorcycle and corex cough syrup. It is also submitted that cough syrup containing one of the substance which is 'Codeine' as contraband, the quantity of contraband is less than small quantity, where maximum punishment is of one (1) year. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that alleged motorcycle was jointly occupied by other co-accused persons.
Considering the facts and circumstances as mentioned above, as recovery of cough syrup was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.27859 of 2022(2) dt.05-08-2022 3/3 released on bail in connection with Madhepura P.S. Case No. 226 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge N.D.P.S., Madhepura/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T