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Patna High CourtCR. MISC./44301/2016dismissed

Binod Kumar @ Binod Kumar Bhagat v. The State Of Bihar

2016-12-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44301 of 2016 Arising Out of PS.Case No. -546 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Binod Kumar @ Binod Kumar Bhagat son of late Krishna Kumar, resident of village - Molabag, P.S. Nawada, District Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. D.V.Pathy For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2016 Heard Sri D.V.Pathy, learned counsel for the petitioner and Sri Manoj Kumar, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 24-08-2016 in Araria P.S. Case No. 546 of 2016 registered for offence under Sections 272, 273/34 of the Indian Penal Code, Sections 27(b)(ii), 28, 36AC of Drugs & Cosmetics Act, 1940 and Section 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner was only a Manager of a Transport Company namely Azad Transport Company at Araria and he was not aware about the consignment. He submits that from the consignment, over which, it was mentioned as Becosule, huge quantity of Corex cough syrup was recovered and petitioner thereafter has been

Patna High Court Cr.Misc. No.44301 of 2016 (2) dt.15-12-2016 2/2 arrested. He submits that in this case, consigner and consignee both have been made accused and petitioner, being poor person working as Manager unaware of the fact, has been taken into custody.

Keeping in view the fact that it was a case of recovery of 4000 bottles containing 100 ml. each of Corex cough syrup, there is no reason to extend the privilege of bail at the moment. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T