Raj Kumar @ Raju @ Raja Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 16584 of 2016 Arising out of P.S. Case No. - 5 Year - 2015 Thana - GOVERNMENT OFFICIAL COMP. District - PATNA ====================================================== Raj Kumar @ Raju @ Raja Kumar, 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 the Intelligence Officer, Patna Zonal Bureau, Narcotics Control Bureau, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the Union of India : Mr. S. D. Sanjay, A.S.G. (N.C.B.) Mr. Ansuman Singh, C.G.C.

Mr. Manoj Kumar Singh, C.G.C.

For the Opposite Party : Mr. Abhay Kr. Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15 14-02-2017 Heard learned counsels for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8 and 21 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 19.01.2016. 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.16584 of 2016 (15) 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-IInd, Patna/successor Court in connection with Special Case No. 40 of 2015 (N.C.B. Case No.05/2015).

Kundan (Birendra Kumar, J) U T