Sonu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63635 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- MANJHI District- Saran ======================================================

1. Sonu son of Sri Devraj Resident of Mohalla B1/106 Issa Nagar, P.S. Jalandhar Division No. Jalandhar, Suranussi, Distt. Jalandhar, Stat-Punjab

2. Gurmail Singh @ Gurmel Singh son of Bakshish Singh Residents of Mohalla B1/106 Issa Nagar, P.S. Jalandhar Division No. Jalandhar-1, Suranussi Distt. Jalandhar, State- Punjab. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ranjit Ranjan For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners apprehend their arrest in connection with Manjhi P.S. Case No. 57 of 2018 registered under Sections 379, 420 of the Indian Penal Code and Sections 27 (b)(ii)/28 Drugs of Cosmetic Act, 1940 and 8(C),22(C) of NDPS Act. The accusation is that two trucks bearing registration nos. PB-08DG-9478 and PB-08DG-9378 were intercepted by the Officer-in-charge of Manjhi Police Station, distt. Saran and on search 12,500 bottles, each containing 100 ML of phensedyl new cough linctus, and from other truck 11,000 bottles, each containing 100 ML of the same thing were seized. Drivers of both the trucks, namely, Happy Singh and

Patna High Court Cr.Misc. No.63635 of 2018(3) dt.31-01-2019 2/2 Sher Singh have disclosed the name of these petitioners as owner of the vehicle before the informant-Drug Inspector, Saran during the course of enquiry.

The learned counsel appearing on behalf of the petitioners submits that petitioners are the owners of the seized truck due to that reason they have been falsely implicated. In fact both trucks were engaged with transport company and Petitioners had no knowledge about carrying of the seized medicines. The petitioners have no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 57 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) sushma/- U T