Subhash @ Subhash Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.714 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Subhash @ Subhash Bind S/O Nandlal @ Nandlal Bind @ Nandl R/VSriganj, P.S.- Nandganj, District- Gajipur (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through Ncb, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rashmi Sharma For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 21(c) of the N.D.P.S. Act.

It is a case of recovery of 690 litres of Phensedyl Chlorpheniramine Mateate & Codeine Phosphate Cough syrup from a pickup van bearing Registration No. UP-61T-6220. Petitioner is alleged to be the owner of the aforesaid vehicle.

Patna High Court CR. MISC. No.714 of 2023(2) dt.07-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the seized illicit article and he has not been arrested on spot. Nothing has been recovered from the possession of the petitioner. The name of petitioner sprang up in this case only because he is owner of the vehicle, which is admittedly a commercial vehicle, driven by the driver. Moreover, petitioner is languishing in judicial custody since 8.9.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection

Patna High Court CR. MISC. No.714 of 2023(2) dt.07-02-2023 3/3 with N.D.P.S.(Special) Case No. 23 of 2022, arising out of Raghopur P.S. Case No. 330 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge(NDPS), Supaul.

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