Prashant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79007 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Prashant Kumar Singh Son of Hira Singh Resident of Village- Khurhan, Ward No- 1, P.S. - Alamnagar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Excise P.S. Case No. 173 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case in short is that 8.5 litres illegal codeine cough syrup was recovered from plastic sack and the petitioner was not arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.79007 of 2024(2) dt.11-11-2024 2/2 petitioner. Petitioner has no concern and knowledge regarding the illegal codeine syrup. Learned counsel next submits that total 17 grams codeine has been recovered from 8.5 litres of cough syrup. It is further submitted that the said contraband is below the commercial quantity. Other co-accused has been granted regular bail by this Court vide order dated 28-10-2024, passed in Cr. Misc. No. 77282 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 173 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T