Patna High CourtCR. MISC./65362/2024bail granted

Vipin Kumar v. The State Of Bihar

2024-09-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65362 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Vipin Kumar son of Chand Mukhiya village - Chilra @ ward no. -4 Chillra @ Chilra ward no. -4, P.S. - Sonbarsa, Dist. - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar 2.

The Union of India through the Ministry Of Home Affairs New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the State :

Mr.Dinesh Singh, APP For the U.O.I.

Mr.Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 21(c) of the N.D.P.S. Act, in connection with Kanhauli P.S. Case No. 87 of 2024.

3. As per prosecution case, there has been recovery of total 180 bottles of Cough Syrup (each bottle contains 100ml) from the possession of the petitioner.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.65362 of 2024(2) dt.19-09-2024 2/2 alleged recovery of Cough Syrup. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 50 of the N.D.P.S. Act, while preparing the seizure list. Moreover, petitioner is a person of clean antecedent and he is in custody since 05.07.2024.

5. Learned APP for the State and learned counsel for the U.O.I. have opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner has clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-NDPS Act, Sitamarhi in connection with Kanhauli P.S. Case No. 87 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T