Manohar Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67310 of 2019 Arising Out of PS. Case No.-547 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Manohar Kumar Jha, Son of Sri Keshav Kant Jha Resident of Village - Khokha, P.S.- Srinagar, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Director D.R.I. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal- Sr. Advocate Dr. Bidhu Ranjan- Advocate For the Opposite Party/s :

Mr.Rajeev Nayan-A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-03-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Special N.D.P.S. Case No.19 of 2019 arising out of K.Hat (Sahayak) P. S. Case No.547 of 2019 registered for the offences punishable under Sections 419, 420, 275, 276 of the I.P.C., Section 27(6)(2)/27(2) and 28 of the Drugs and Cosmetics Act, 1940 and Amended Act, 2008, Section 21(B) of the N.D.P.S. Act, 1985 and Section 30(a) of the Bihar Prohibition and Excise Act.

50 cartons of codeine cough syrup were seized from the transport company. The Manager of the said transport

Patna High Court CR. MISC. No.67310 of 2019(3) dt.06-03-2020 2/2 company disclosed that seized codeine syrup belonged to the petitioner.

Submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and as a matter of fact, petitioner does not have any concern with the seized codeine syrup.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Purnea in connection with Special N.D.P.S. Case No.19 of 2019 arising out of K.Hat (Sahayak) P. S. Case No.547 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T