Parsuram Gupta @ Parsuram Prasad @ Pashuram Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64109 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Parsuram Gupta @ Parsuram Prasad @ Pashuram Gupta S/o- Surya Narayan Prasad R/V- Dhunki PS-Laukaha Dis-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laukha (Lalmunia) P.S. Case No. 32 of 2023 dated 04.02.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 21 and 27 of NDPS Act.

3. As per the prosecution case, on search total 20 bottles of codiwell cough syrup, 50 bottles of Korcof-C syrup, 300 tables of Nitravet and 144 capsules of Spasmo Prosyvon Plus were recovered from the motorcycle. On query, the co-accused, Ajay Kumar Yadav disclosed that he got alleged articles from the petitioner.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.64109 of 2024(3) dt.08-10-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case in the disclosure statement of the co-accused Ajay Kumar Yadav. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner had no valid authorization for keeping the same.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Laukha (Lalmania,OP) P.S. Case No. 32 of 2023, with the following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.64109 of 2024(3) dt.08-10-2024 3/3 for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T