Ram Biswas Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33408 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== Ram Biswas Rai Son of Baidyanath Rai @ Baijnath Rai @ baijnath Rai Yadav Resident of Village - Malangwa, P.S.- Malangwa, Dsit.- Sarlahi (Nepal) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bidhu Ranjan For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 336 and 418 of the Indian Penal Code and section 18(A), 18(B), rule 27 (b) (ii),28, 28A, 36A of the Drug and Cosmetics Act and Section 8 and 22(b) of the NDPS Act.
Ten bottles Codine syrup are said to have been recovered from conscious possession of the petitioner and after that Drug Inspector lodged the present case under aforesaid sections.
Submission on behalf of the petitioner is that petitioner is in jail custody since 15.02.2019 and even if, the
Patna High Court CR. MISC. No.33408 of 2019(2) dt.21-05-2019 2/2 prosecution story assumed to be true, then also, there is nothing to show as to how much percent of Codine in the recovered syrup.
Considering the aforesaid facts and circumstances as well as submissions of the parties and taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge NDPS Act, Sitamarhi in connection with Sonbarsa P.S. Case No. 50 of 2019. (Hemant Kumar Srivastava, J) N.K/- U T