Sri Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41222 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Sri Nath Sah Son of Late Ramswarup Sah Resident of Bhitgharwa, P.S.- Patahi, District- East Champaran.

2.

Saidul Mian Son of Yakub Mian Resident of Village- Tarija Chhapat Chatra, P.S.- Shitalgarcha (Khocha), District- Kuch Bihar (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Pipra Kothi P.S. Case No. 85 of 2019, registered for the offences punishable under Section 22(B) of the NDPS Act and section 27 (B)(ii) of the Drugs and Cosmetics Act.

It is alleged that during the course of vehicle checking, one WagonR car bearing registration no. WB70D2504 was stopped and on search huge quantity of cough syrup was recovered from the said vehicle and two persons (petitioners) were apprehended who failed to produce any paper with respect to the medicines.

Patna High Court CR. MISC. No.41222 of 2019(3) dt.20-09-2019 2/2 It is submitted on behalf of the petitioners that even if the entire prosecution case is accepted, no case under NDPS Act is made out. From the first information report itself, it is apparent that cough syrup have been recovered from the vehicle in question. Petitioners have no concern with the seized cough syrup. Petitioners are in custody since 02.04.2019 having no criminal antecedent.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 85 of 2019 (NDPS Case No. 33 of 2019).

(Prabhat Kumar Singh, J) vinita/- U T