Patna High CourtCR. MISC./53144/2022allowed

Prakash Kumar Kamat @ Prakash Kumar v. The State Of Bihar

2023-02-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53144 of 2022 Arising Out of PS. Case No.-563 Year-2022 Thana- SUPAUL District- Supaul ====================================================== PRAKASH KUMAR KAMAT @ PRAKASH KUMAR Son of Late Maksudan Kamat Resident of village - Kutitola Ward No.- 27, Supaul, P.S. - Supaul, District - Supaul, State - Bihar 852131. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(a) of the NDPS Act.

Prosecution case relates to recovery of total 22 liters Codeine Phosphate & Triprolidine Hydrochloride Syrup from banswari (bamboo clump) situated behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concerned with the alleged recovery of Codeine syrup or with

Patna High Court CR. MISC. No.53144 of 2022(3) dt.15-02-2023 2/2 the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from conscious or constructive possession of the petitioner. The name of the petitioner came into light on the basis of secret information. It is further submitted that the petitioner is languishing in judicial custody since 11.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Supaul P.S. Case No. 563 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Supaul.

(Sunil Kumar Panwar, J) Amandeep/- U T