Adarsha Kumar @Adarsha Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72176 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== ADARSHA KUMAR @ADARSHA KUMAR MISHRA S/O SHASHI SHEKHAR MISHRA RESIDENT OF VILLAGE- SAKHUA, WARD NO. 4, P.S.- PIPRA, 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.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 21 (b) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 134 liters of illegal Codeine Cough syrup behind a bush.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Cough syrup. He submitted that seized Codeine Cough syrup like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further
Patna High Court CR. MISC. No.72176 of 2023(2) dt.28-11-2023 2/2 submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 Sessions Judge-cum-Special Judge (NDPS), Supaul in connection with Kishanpur P.S. Case No. 197 of 2023. (Sunil Kumar Panwar, J) Arish/- U T