Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64102 of 2022 Arising Out of PS. Case No.-597 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Kishan Kumar Son Of Virbahadur @ Virbahadur Thapa R/O Mohalla - Station Chowk, Ward No.- 08 Supaul, P.S.- Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 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. 597 of 2022 registered under sections 21(a) of N.D.P.S Act but subsequently rectified on 30.08.2022 this Section as Section 21(b) of N.D.P.S. Act.

As per prosecution case, when the informant along with police officials were on patrolling duty, they apprehended the petitioner and co-accused. Thereafter, 465 bottles of codeine Phosphate and Triprolidine Hydrochloride Syrup were recovered from the sacks.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.64102 of 2022(2) dt.17-02-2023 2/2 falsely been implicated in this present case at the instance of his enemy in collusion with local politics. It is further submitted that nothing contraband cough syrup has been recovered either from the possession or from the campus of the petitioner. He has no concern with the alleged recovery of cough syrup. He is languishing in judicial custody since 22.06.2022. 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 above named petitioner is directed to be enlarged on bail in connection with Supaul P.S. Case No. 597 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 Sessions Judge-cum-Special Judge, NDPS Supaul. (Sunil Kumar Panwar, J) shubham/- U T