Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75376 of 2022 Arising Out of PS. Case No.-1216 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.
MUKESH KUMAR S/O LATE BECHAN GOSHWAMI @ UDAY CHANDRA GOSWAMI Resident of village- Pokhar Basti, Ward No- 15, P.S.- Forbesganj, District- Araria.
2.
SHAHNAWAZ @ MD. SHAHNAWAZ @ MD. SAHANVAJ ALAM S/O WAZIR @ MD. WAJIR ALAM Resident of village- Dallu Tola,Ward No18, P.S.- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate :
Mr. Sudhir Kumar Singh, Advocate :
Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023 Heard learned senior counsel for the petitioners and the learned APP for the State. 2.
Petitioners seek regular bail in connection with Special (N.D.P.S.) Case No.42 of 2022 arising out of Forbesganj P.S. Case No.1216 of 2022 dated 16.11.2022 registered for the offences punishable under Sections 419, 420, 467, 468 of the Indian Penal Code and Section 21(a) of the NDPS Act.
3.
The main submissions advanced by the learned senior counsel for the petitioners are that the FIR itself goes to show that the petitioners were working as employees at the alleged shop from where the drugs containing narcotic
Patna High Court CR. MISC. No.75376 of 2022(2) dt.24-04-2023 2/3 material were seized and they were discharging their duty in following with the direction given by co-accused Sheela Devi, who has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.2132 of 2023 and the alleged shop was being run under the license issued to shop owner namely Rumi Raj and it has been alleged that despite the said license being expired the shop was being run by co-accused Shila Devi in which the petitioners had no role and they were simply discharging their duty as employees. Further submission is that the petitioners have been languishing in jail since 17.11.2022 and against them the investigation has been completed.
4.
Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that as per the FIR the petitioners were simply discharging their duty as employees at the alleged shop from where the alleged medicines having composition of narcotic material were seized and the said shop's license was earlier granted in the name of another person, whose detail is mentioned in the seizure list and one co-accused namely Sheela Devi, who was also apprehended at the spot and found in the said shop
Patna High Court CR. MISC. No.75376 of 2022(2) dt.24-04-2023 3/3 with the petitioners is on bail, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Special (N.D.P.S.) Case No.42 of 2022 arising out of Forbesganj P.S. Case No.1216 of 2022. (Shailendra Singh, J) sangam/- U T