Roshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83629 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Roshan Kumar S/O Ram Ishwar Mahto Resident of At and Post officeChilari, P.S- Sonbarsa, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sitaram Prasad, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 292 of 2024 instituted for the offences under Sections 21(b), 21(c) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 507 pieces of CODETYL-T cough syrup 100ml and total 600 NITRAVET 10mg tablets have been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 18.09.2024 and has no criminal antecedent. He further submitted that only 10 pieces of Codedyl-T syrup each of 100ml has been recovered from this petitioner. There is no allegation of tampering of witnesses
Patna High Court CR. MISC. No.83629 of 2024(3) dt.25-02-2025 2/2 alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The co-accused person has already been granted bail by this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 88631 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 292 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T