Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85866 of 2023 Arising Out of PS. Case No.-641 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Dilip Kumar Son of Shri Sukhadev Yadav Resident of Village - Sardarpur Pindari, P.S.- Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(C)/21(C) of the N.D.P.S. Act.

3. Allegation against the petitioner is of carrying contraband substance in truck bearing Registration No. WB11F5763 which was intercepted by the police and arrested the petitioner. Upon search, Phensedyl cough syrup of 1990 liters along with 50 sacks of oil cake from the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is only driver of the truck and he did not aware about the loaded items. From

Patna High Court CR. MISC. No.85866 of 2023(3) dt.06-02-2024 2/2 perusal of FIR, it appears the aforesaid seized items i.e. codeine syrup were loaded in the said truck from SRA Manufacturing Pvt. Ltd. Ramnagar, Chandauli, UP with which, the petitioner has no concern. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 8.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 641 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-Cum-Special Judge, Kaimur at Bhabua. (Sunil Kumar Panwar, J) Amandeep/- U T