Patna High CourtCR. MISC./63184/2023allowed

Asaab v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63184 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- JOGBANI District- Araria ====================================================== ASAAB Son of Jalil R/o vill - Tikuliya, Basti ward no. 03, Jogbani, P.S. - Jogbani, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 17, 18, 21 and 22 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 39 bottles of Codeine like Eskuf Cough Syrup, four mobiles, Nitrazepam tablets, cash of Rs. 5,635/- and other article from the bag of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized articles. He submitted that seized Codeine like cough syrup and other tablets does not come

Patna High Court CR. MISC. No.63184 of 2023(3) dt.20-12-2023 2/2 within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Jogbani P.S. Case No. 145 of 2023.

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