Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46477 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== SANDEEP KUMAR S/o Manoj Sah Resident of Village- Uda, Ward No.-1, P.S.- Uda Kishunganj, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 165/2022, registered for the offence punishable under Section 21(C) of the NDPS Act and Section 468 of the Indian Penal Code.

The case of the prosecution in brief, is that the police force had apprehended the petitioner and upon search, 125 bottles of Codeine mixed cough syrup was recovered, totalling to 12 liters 500 ml.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.46477 of 2022(2) dt.16-12-2022 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 12.6.2022. It has been stated that meager quantity of cough syrup has been recovered from the petitioner, hence, considering the period of incarceration of the petitioner, a sympathetic view be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since 12.6.2022 and meager quantity of Codeine mixed cough syrup has been recovered from him, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.46477 of 2022(2) dt.16-12-2022 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Madhepura in connection with Uda-Kishunganj P.S. Case No. 165/2022.

(Mohit Kumar Shah, J) Ajay/SonalU T