Md. Munna @ Md. Munna Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42732 of 2024 Arising Out of PS. Case No.-271 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Munna @ Md. Munna Ansari S/o Md. Rashik Ansari @ Md. Rashid Ansari R/o vill - Rampur, Uttar, ward no. 5, P.S. - Forbesganj, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Forbesganj P.S. Case No. 271 of 2024, instituted for the offences under Section 21(c) of the NDPS Act.
3. Prosecution allegation, in short, is that, 44 bottles of codeine mix syrup of 100 ml. each, total 4.4 liters was recovered from two plastic bags of the petitioner. The petitioner was apprehended on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that
Patna High Court CR. MISC. No.42732 of 2024(2) dt.24-06-2024 2/3 each 100 ml bottle of cough syrup contains 5 mg of codeine substance and in 04.4 liter cough syrup it contains 22 gm of codeine. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 12.04.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Forbesganj P.S. Case No. 271 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.42732 of 2024(2) dt.24-06-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T