Raj Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90104 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- KUWARI District- Araria ====================================================== Raj Kumar Roy Son of Late Basudev Roy Resident of Village - Dainea, Ward No.05, P.S. - Sikty, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Kuwari P.S. Case No. 69 of 2024 instituted for the offences under Sections 21, 22, 23, 25 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 26.5 litres of codeine syrup has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 16.10.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.90104 of 2024(4) dt.21-02-2025 2/2 the conscious possession of the petitioner. Learned counsel further submitted that narcotic substance present in the seized cough syrup is codeine, which amounts to 1 gram which is below the small 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.
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 small 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 Kuwari P.S. Case No. 69 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T