Md. Ehsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60229 of 2022 Arising Out of PS. Case No.-233 Year-2022 Thana- AMAUR District- Purnia ====================================================== MD. EHSAN Son of Md. Naiyar Alam @ Naiyar @ Naiyyar R/V- Jalkar, Ward No. 14, P.S- Jalalgarh, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(C), 21(A) of the N.D.P.S. Act.

Prosecution case relates to recovery of total 500ml of Windias Codeine Phosphate and Cholorpheniramine Maleate Syrup from the possession of petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of codeine syrup and the same is lesser than commercial

Patna High Court CR. MISC. No.60229 of 2022(2) dt.03-02-2023 2/2 quantity which does not come under purview of N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 8.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amour P.S. Case No. 233 of 2022 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, N.D.P.S. Act, Purnea.

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