Kancha Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45074 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- JOGBANI District- Araria ====================================================== Kancha Choudhary S/O Dukhilal Chaudhary Resident of village- Sundar Dular, Ward No. 04, P.S.- Gachiya, District- Morang (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 21/22 of N.D.P.S. Act and Sections 27(b), 28 read with Section 36 of Drugs and Cosmetic Act.

The allegation is that huge quantity of intoxicated drugs is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.08.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 61 pieces of 2 ml. lupigecis injections, 65 pieces of 2 ml. avil injections, 59 pieces of 2 ml. Diazelab injections, 6 pieces of 2 ml. Phenergan

Patna High Court CR. MISC. No.45074 of 2019(2) dt.22-07-2019 2/2 injections, 16 pieces of 100 ml. Dialex-D.C. cough syrup, 430 tablets of Nitrazepam, 45 tablets of Sposmo Proxyvon Plus, 72 pieces of 10 ml. of Life Lind Syring, 166 pieces of 5 ml. of life Line Syring and nepali currency of Rs.73,855/- were recovered. No offence under N.D.P.S. Act is made out. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Sessions Judge, Araria in connection with Spl. Case No.21 of 2018 arising out of Jogbani P.S. case No.228 of 2018. (Sudhir Singh, J) Narendra/- U T