Bijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41768 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== BIJAY MAHTO Son of Rooplal Mahto Resident of Village- Gauripur, Ward No.3, P.S.- Singheshwar, District- Madhepura. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Ms. Patla Kumari For the Opposite Party :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of N.D.P.S. Special Case No. 2 of 2021, arising out of Singheshwar P.S. Case No. 10 of 2021, registered for the offence punishable under Section 8(C), 23, 24, 25, 27-A/29 of N.D.P.S. Act and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The petitioner runs a tea stall. Allegedly, on the basis of secret information that the petitioner was involved in illicit sale of cough syrup, namely, Dialex-DC and Codiwell, a raid was conducted, which led to recovery of 28 bottles of

Patna High Court CR. MISC. No.41768 of 2021(3) dt.06-01-2022 2/2 cough syrup.

Learned counsel appearing on behalf of the petitioner has drawn my attention to the seizure list to contend that the recovery of the cough syrup cannot be said to be from the petitioner's possession, rather recovery was made from a place near petitioner's tea stall. The petitioner is in custody since 06.04.2021.

Considering the nature of allegation against the petitioner, as disclosed in the First Information Report, and his period of incarceration, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Madhepura, in N.D.P.S. Special Case No. 2 of 2021 arising out of Singheshwar P.S. Case No. 10 of 2021.

(Chakradhari Sharan Singh, J) Pawan/- U T