Shyambabu Rai @ Shyambabu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9359 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== Shyambabu Rai @ Shyambabu Prasad S/o Late Ram Bilas Rai villageJankinagar, P.S-Sonbarsa, Distt.-Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sri Krishna Ranjan For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 336, 418 of the Indian Penal Code, 18A, 18B, 28, 28A, 36 of the Drugs and Cosmetics Act and 8 and 22(b) of the N.D.P.S. Act.
The prosecution case in short is that several bottles of cough syrup containing codeine were recovered in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. There is alleged recovery of cough syrup containing codeine in this case. The same does not
Patna High Court CR. MISC. No.9359 of 2019(3) dt.24-04-2019 2/2 come under the purview of the N.D.P.S. Act. The petitioner has been made accused due to mistake of fact.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned 1st Additional Sessions Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 207 of 2018.
(Sudhir Singh, J) Pankaj/- U T