Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.948 of 2024 Arising Out of PS. Case No.-505 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== 1.

Amar Kumar Son of Shivanand Mandal Resident of Village- Kharhat, Ward no. 2, Police Station- Raniganj, District- Araria. 2.

Satyam Kumar Son of Gayanand Thakur Resident of Village- Lokhara, Ward no. 2, Police Station- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under section 21(c) of the NDPS Act.

As per prosecution case, both the petitioners were apprehended on the spot and from a Maruti car bearing Reg. No. BR11N3600, total 2720 bottles of 100 ml. codeine rich cough syrup was recovered.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this Case.

Patna High Court CR. MISC. No.948 of 2024(2) dt.16-01-2024 2/2 Nothing incriminating article has been recovered from their conscious possession. The alleged recovery of codeine rich cough syrup is much below from the commercial quantity. Petitioners have got no criminal antecedent and languishing in judicial custody since 02.09.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail after framing of charge. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Araria in connection with Narpatganj P.S. Case No. 505 of 2023.

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