Vinay Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60501 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -JOGBANI District- ARRARIA ======================================================

1. Vinay Srivastava, S/o Late Rama Shankar Prasad Srivastava, R/o Vill. - Indranagar, Tikuliya Basti, Ward No. 09, P.S. - Jogbani, Distt. - Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 21(C)/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 27(b), 28 read with Section 36 of the Drugs and Cosmetics Act.

The allegation of recovery of medicines containing codeine and Spasmo Proxyvon were recovered from the house of co-accused Rama Yadav @ Ram Lal Yadav. Rama Yadav disclosed to the police that the petitioner and others are purchasers of the same in piecemeal.

Submission is that nothing has been recovered from the house of the petitioner or from his possession during

Patna High Court Cr.Misc. No.60501 of 2018 (3) dt.05-11-2018 2/2 investigation and there is no other material to substantiate the confession of Rama Yadav.

After hearing the parties and considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Jogbani Police Station Case No. 108 of 2018 corresponding to Special Case No. 07 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T