Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62349 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- BIHRA District- Saharsa ====================================================== 1.

Kundan Singh Son of Manmohan Singh 2.

Bijay Kamat Son of Late Ramesh Kamat Both are resident of Village - Panchgachhiya, P.S.- Bihra, Distt - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner are in custody since 15.07.2019 in connection with Bihra P.S. Case No. 116 of 2019 (Special Case No. 02 of 2019) registered for the offence under Sections 13, 18, 27(a), 28 and 36 (ac) of Drugs and Cosmetic Act, 1940. Allegation is of recovery of cough syrup from the petitioners although learned counsel for the petitioners submits that the alleged recoveries were not from their conscious possession. It is further submitted that the petitioner no.1 is having one case, whereas the petitioner no.2 is having clean antecedent.

Considering the aforementioned facts and

Patna High Court CR. MISC. No.62349 of 2019(2) dt.16-10-2019 2/2 circumstances and there is no recovery from their conscious possession, let the petitioners, above named, be released on bail on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the court of learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa in connection with Bihra P.S. Case No. 116 of 2019 (Special Case No. 2 of 2019).

(Anjana Mishra, J) S.Katyayan/- U T