Patna High CourtCR. MISC./66888/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-11-22Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66888 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Deepak Kumar Son of Jagdish sah R/o Village- Kali Mandir ward no. 11, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Raxaul (Haraiya) P.S. Case No. 175 of 2024 dated 17.05.2024, instituted for the offence punishable under Sections 414 of the Indian Penal Code and Section 21(c), 23(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Allegation against the petitioner and one co-accused person is that they were carrying 23.3 litres cough syrup from a motorcycle. The said motorcycle was being driven by the petitioner and the co-accused was pillion rider.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner

Patna High Court CR. MISC. No.66888 of 2024(3) dt.22-11-2024 2/2 is the driver of the seized motorcycle and co-accused, namely, Vinay Kumar is the pillion rider. From the said motorcycle, total 23.3 litres banned cough syrup was recovered. Learned counsel for the petitioner submits that pillion rider, namely, Vinay Kumar has been granted bail vide order dated 25.09.2024 passed by this Court in Criminal Miscellaneous No. 50834 of 2024. Lastly, it has been submitted that the petitioner is in custody since 18.05.2024 having one criminal case against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Raxaul (Haraiya) P.S. Case No. 175 of 2024.

(Khatim Reza, J) premchand/- U T