Patna High CourtCR. MISC./43132/2016bail granted

Md. Pintu @ Perwez And ORS v. The State Of Bihar

2017-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43132 of 2016 Arising out of P.S. Case No. - 412 Year - 2016 Thana - FORBESGANJ District - ARRARIA ======================================================

1. Md. Pintu @ Perwez, Son of Md. Khalil @ Salim, resident of village Forbesganj, Ward No. 11, Police Station Forbesganj, District Araria

2. Md. Rehan, Son of Julfekar, resident of village Gudri Mohalla, Ward No. 14, Police Station Forbesganj, District Araria

3. Md. Imran, Son of Md. Saibul Rahman, resident of village Dhol Bajja, Ward No. 5, Police Station Forbesganj, District Araria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ravi Shanker Pankaj, Advocate Mr. Amrendra Kumar @ Dr., Advocate For the Opposite Party : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 27(b)(ii)/28(A), 36AC of the Drugs and Cosmetics Act 1940 and Section 22B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

From the vehicle of the petitioners 275 bottles each containing 100 ml. of Corex syrup was recovered. Learned counsel for the petitioners submits that each bottle contains only 10 milligram of codeine phosphate which is a narcotic item hence, total 2 grams and 75 milligram was

Patna High Court Cr.Misc. No.43132 of 2016 (3) dt.09-01-2017 2/2 recovered which is much less than the small quantity of ten (10) grams. Petitioners are in custody since 11.08.2016 and they have got no such type of criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, Araria /Successor Court in connection with Forbesganj P.S. Case No. 412 of 2016 (Special Case No. 29 of 2016).

Kundan (Birendra Kumar, J.) U T