Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39266 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== SANJEEV KUMAR Son of Late Umesh Paswan Resident of village - Turkahi ward no. 10, P.s. - Madhepura (Bharrahi O.P), Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Barun Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act and Section 21(b) of the NDPS Act. Prosecution case relates to recovery of 33 litres of Codeine Phosphate and Triprolidine Hydrocloride Cough Syrup from a car which was being driven by the petitioner and he was apprehended on spot while two other accused persons managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery. The seized articles belongs to other

Patna High Court CR. MISC. No.39266 of 2023(2) dt.14-07-2023 2/2 accused persons, who managed to escape. Nothing has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 5.3.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 5th-cum-Special Judge Excise Act 1st, Madhepura in connection with Murliganj P.S. Case No. 78 of 2023.

(Sunil Kumar Panwar, J) sushma/- U