Raj Kumar @ Raju v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 12489 of 2016 Arising out of P.S. Case No. - 41 Year - 2015 Thana - GOVERNMENT OFFICIAL COMP. District - PATNA ====================================================== Raj Kumar @ Raju, Son of Satyendra Lal, Resident of Mohalla - Upar Tola, Rajauli, Police Station - Rajauli, District - Nawada .... .... Petitioner
Versus
1. The State of Bihar
2. The Union of India through Narcotics Control Bureau, Ministry of Home Affairs, Govt. of India, through its Intelligence Officer, Patna Zonal Unit .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Nilendu Kumar Choudhary, Advocate For the Union of India : Mr. S.D. Sanjay, A.S.G. With Mr. Ansuman Singh, Advocate For the Opposite Parties : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18 14-02-2017 Heard learned counsels for the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 8, 21 and 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Huge quantity of corex cough syrup was recovered by the Narcotic Drugs Bureau from Golden Transport Office. The same was containing codeine, a narcotic drug in the commercial quantity as per the calculation enclosed with the bail petition. The petitioner is in custody since 04.12.2015. Allegation is that the petitioner was the consignee. The transporter is not an accused in this case nor there is any material on the record to
Patna High Court Cr.Misc. No.12489 of 2016 (18) dt.14-02-2017 2/2 substantiate that who was the consignor and to whom the consignment was booked. If everything was going on through a code number, as alleged, the consignor, the transporter and the consignee were equally responsible, but the transporter is not an accused in this case.
Learned counsel for the Union of India, vehemently, opposed the prayer for bail.
Considering the aforesaid material and the period already undergone by the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Patna/successor Court in connection with Special Case No. 41 of 2015.
Kundan (Birendra Kumar, J) U T