Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57696 of 2022 Arising Out of PS. Case No.-651 Year-2022 Thana- SUPAUL District- Supaul ====================================================== PRINCE KUMAR Son of Suresh Paswan Resident of Village- Nagar Parishad Kshe tra Ward No.- 08, P.S. and District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patla Kumari For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Supaul P.S. Case No. 651 of 2022 registered under Section 21(a) N.D.P.S. Act but subsequently rectified/corrected on the application of I.O of this case as Section 21(b) of N.D.P.S. Act.
Prosecution case in short is that the police were patrolling, in the mean time, they saw that one motorcycle was being driven hurriedly, which was chased by the police party and ultimately intercepted. Riders on the aforesaid motorcycle tried to escape but they were apprehended and disclosed their names as Md. Rahim and co-accused Prince Kumar (petitioner) and after search, total 260 bottles of Codeine Phosphate and
Patna High Court CR. MISC. No.57696 of 2022(5) dt.17-05-2023 2/3 Triprolidine Hydrochloride syrup were recovered from the plastic sack, which was kept by the accused persons on their motorcycle.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village party politics and previous enmity. It is further submitted from para-7 of this petition that (I) the codeine phosphate is a type of opiate, analgesic agent, a tussive agent and a type of antidiarrheal agent. (ii) Triprolidine HCL oral used in side effects interactions. Triprolidine is an antihistamine used to relieve symptoms of allergy, high fever and the common cold, these symptoms include rash, watery eyes. Nothing incriminating has been recovered from the possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 06.07.2022.
The application for bail is vehemently opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The
Patna High Court CR. MISC. No.57696 of 2022(5) dt.17-05-2023 3/3 above named petitioner is directed to be enlarged on bail in connection with Supaul P.S. Case No. 651 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (NDPS) Supaul.
(Sunil Kumar Panwar, J) sushma/- U