Patna High CourtCR. MISC./79492/2023allowed

Munna Tiger v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79492 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- JAMALPUR RAIL P.S. District- Munger ====================================================== Munna Tiger S/O Basant Yadav R/O Morkahi, P.S- Muffasil, Distt.- Khagaria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 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 Sections 8(c) and 21 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 85 bottles of Dialex DC Cough Syp. containing Codeine.

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 codeine like Cough Syrup. He submitted that seized Codeine like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal

Patna High Court CR. MISC. No.79492 of 2023(3) dt.29-02-2024 2/2 antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.07.2023.

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 Additional District and Sessions Judge, 1st-cum-Special Judge (N.D.P.S. Act), Munger in connection with Jamalpur Rail P.S. Case No. 03 of 2022.

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