Keshav Prabhat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5078 of 2024 Arising Out of PS. Case No.-512 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Keshav Prabhat S/O Rakesh Raushan @ Mahindra Mehta VillageLakshaminiya, Ward No. 12, Ps. Supaul, Dist. Supaul, State- Bihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 8, 21(b) of the N.D.P.S Act.

There is recovery of 04 bottles of Whiscup syrup from the possession of the petitioner. From other co-accused persons syrup was also recovered and altogether 106 bottles of Wiscof syrup kept in a plastic sack were recovered behind the shop of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather he has been dragged in this case due to high

Patna High Court CR. MISC. No.5078 of 2024(2) dt.07-02-2024 2/2 handedness of the police officials. As per allegation there is recovery of 400 mg codeine phosphate contained in four bottles cough syrup which is much below the commercial quantity. Similarly situated co-accused has already been granted by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 2503. of 2024. Moreover, the petitioner is languishing in custody since 25.06.2023.

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 Sessions Judge-cum-Special Judge, N.D.P.S, Supaul in connection with N.D.P.S Case No. 38 of 2023, arising out of Supaul P.S. Case No. 512 of 2023.

(Sunil Kumar Panwar, J) manishkumar/- U T