Bhupendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65212 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Bhupendra Kumar Son Of Mahendra Sah @ Mahendra Prasad Sahu @ Mahendra Pd. Sahu Village- Baratani, Ward No. 03, Ps- Udakishunganj, DistMadhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 8(c), 21(c), 22(c), 23, 24, 25, 27(a)/29 of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, altogether 50 cartoons have more than five thousand bottles containing codeine mixed cough syrup were recovered from a bus and magic vehicle when the said cartoons were being shifted from bus to magic vehicle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due dirty village politics. The petitioner is not named in the F.I.R. He has no

Patna High Court CR. MISC. No.65212 of 2023(2) dt.13-10-2023 2/2 concern with the alleged recovery or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The other co-accused namely Rikesh Kumar has already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.09.2022 passed in Cr. Misc. No.20396 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 26.06.2023.

Learned APP appearing for the State has opposed the prayer of 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 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 Additional District and Sessions Judge-V-cum-Special Judge, Excise 1st, Madhepura in connection with Singheshwar P.S. Case No. 16 of 2022.

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