Patna High CourtCR. MISC./60993/2023allowed

Golu Kumar v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60993 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== GOLU KUMAR S/o- DILIP MAHTO Village- Mungeriganj W.No-32, PsTown Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Ramakant Akela For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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 21 and 22 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 37 liters of codeine Cough Syrup from a Car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized codeine cough syrup. He submitted that seized codeine like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. No incriminating article has been

Patna High Court CR. MISC. No.60993 of 2023(2) dt.18-09-2023 2/2 recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 22.07.2023.

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 below in connection with Teghrha P.S. Case No. 230 of 2023.

(Sunil Kumar Panwar, J) arish/- U