Anish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4101 of 2024 Arising Out of PS. Case No.-1004 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Jitendra Kumar Son Of Anandi Prasad Yadav Resident Of Village / Mohalla - Radha Rani Sinha Road, Adampur, P.S. - Kotwali (JOGSAR), District - Bhagalpur, Bihar, Pin Code - 812001 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S Act and Sections 18A, 18B, 18C, 27B(ii), 28, 28A of the Drugs and Cosmetics Act.
There is recovery of 11 sachets of codeine cough syrup from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered
Patna High Court CR. MISC. No.4101 of 2024(2) dt.06-02-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the cough syrup and the seizure list does not contain the quantity of codeine in the cough syrup. The petitioner is languishing in custody since 21.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 1004 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T