Patna High CourtCR. MISC./76380/2023allowed

Lokesh Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76380 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- JANKINAGAR District- Purnia ====================================================== LOKESH KUMAR Son of Devanand Yadav R/o vill - Khunt ward no.9, P.S. - Janakinagar, Distt. - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mira Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Learned counsel for the petitioner is permitted to make some necessary correction in the petition during course of the day.

2. 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.

3. Prosecution case relates to recovery of 92 bottles Codeine Phosphate & Chlopheniramine Maleate Syrup from house of the petitioner.

4. 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 cough syrups. It is also submitted that the seizure list has not been prepared in

Patna High Court CR. MISC. No.76380 of 2023(2) dt.01-12-2023 2/2 accordance with law. Moreover, the petitioner is languishing in judicial custody since 24.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Janakinagar P.S. Case No. 108 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special N.D.P.S. Act, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T