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Patna High CourtCR. MISC./71392/2022allowed

Subodh Kumar v. The State Of Bihar

2023-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71392 of 2022 Arising Out of PS. Case No.-347 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== SUBODH KUMAR Son of Kapildeo Sah @ Kapildev Sah R/o village - Anandpura, Ward No.- 7, P.S.- Udakishunganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21 (C) of the N.D.P.S. Act.

Prosecution case relates to recovery of 150 bottles each containing 100 ml of codeine mixed cough-syrup from bag of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of codeine cough syrup and the quantity of same is above small quantity and much below

Patna High Court CR. MISC. No.71392 of 2022(2) dt.14-03-2023 2/2 than commercial quantity as per the N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj P.S. Case No. 347 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial-Judge, N.D.P.S. Act, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T