Nawal Yadav @ Nevalal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36482 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Nawal Yadav @ Nevalal Yadav Son Of Late Chunchun Yadav R/O Vill.- Bhitthi, P.O.- Pararia, P.S.- Shambhugunj, Dist.- Banka, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Sultangunj P.S. Case No. 422 of 2022 registered on 08.11.2022 lodged under Sections 20/22 of the N.D.P.S. Act and 18(A)/18(B)/18(C)/27(B)/28(D)/28 of the Drugs & Cosmetics Act, 1940.

4. As per the prosecution case, F.I.R. has been lodged against the petitioner, who runs a tea shop and from his shop a recovery of total 700 ml from seven Codeine Phosphate Cough Syrup has been made.

5. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No. 36482 of 2023(2) dt.24-06-2023 2/3 a poor person, and runs a shop, which is a public place and many persons used to come and go in his shop. Counsel submits that it might had happened that somebody came and left his medicine in the petitioner's shop. He further submits that the said recovery has been made in complete violation of Section 100 of the Code of Criminal Procedure and Section 56 of N.D.P.S. Act.

6. Counsel further submits that petitioner is innocent and he is an old aged person of about 60 years. He further submits that petitioner is in custody since 08.11.2022 having clean antecedent and the chargesheet has already been filed in this case. Counsel submits that recovery of total 700 ml from seven Codeine Phosphate Cough Syrup has been made and the total quantity of N.D.P.S. material is much less than the small quantity.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-Ist, Bhagalpur in

Patna High Court CR. MISC. No. 36482 of 2023(2) dt.24-06-2023 3/3 connection with Sultangunj P.S. Case No. 422 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T