Deepak Kumar@Deepak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56223 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Deepak Kumar @ Deepak S/O - Prahlad Prasad Khosla Resident of Village - 503, Three Palms Apartment, Ashiana Digha Road, Near Passport Office, P.S. - Khajpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 27(b)(ii)/27(d)/28 of the Drugs and Cosmetics Act and Section 22 of the Narcotic Drugs and Psychotropic Substances Act.

3. Prosecution case, in brief, is that 497 cartons of Codeine Cough Syrup, which is banned in the State of Bihar, have been recovered from a truck.

4. Learned counsel for the petitioner submits that petitioner is a wholesaler and a licensee in the name & style of M/s Uncomed Marketing in front of IGIMS Patna and have forwarded all the relevant documents from his mobile to the WhatsApp number of the concerned Drug Inspector. From

Patna High Court CR. MISC. No.56223 of 2023(2) dt.30-08-2023 2/2 perusal of the F.I.R. it is apparent that Windlas Biotech Ltd. Dehradun is the consigner and Oncolus Marketing Shop No. 6, 2nd Floor, Opp. IGIMS Patna is the consignee. Petitioner is neither driver nor owner of the truck in question and claims clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Sessions Judge VII, Gopalganj in connection with Kuchaikote P. S. Case No. 150 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T