Patna High CourtCR. MISC./3074/2024bail granted

Alok Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3074 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

ALOK KUMAR SON OF RAJ DEV SAH R/O VILLAGE- WARD NO. 12, MAJURWA, P.O.- CHAKKI, P.S.- SONBARSA, DIST.- SITAMARHI 2.

KRISHNANDAN KUMAR SON OF FEKU SAH R/O VILLAGEARARIA, P.S.- KANHAULI, DIST.- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are in custody since 10.10.2023 in connection with Sonbarsa P.S. Case No. 313/2023 registered for the offence punishable under Sections 21(B)(C) of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of 52.5 liters of cough syrup containing Cordine and 320 Adapam tablets.

4. It has been submitted by learned counsel for the petitioners that the petitioner has been falsely implicated in this case. He further submits that cough syrup containing Cordine has 1.25 litres of narcotics substance. It is also submitted that

Patna High Court CR. MISC. No.3074 of 2024(2) dt.24-01-2024 2/2 the tablets which have been recovered are basically to be used for anxiety. The petitioners have no criminal antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. He further submits that the petitioners are involved in the business of selling narcotic substance and do not deserve the privilege of bail.

6. Considering the clean antecedent of the petitioners and also the recovery is of intermittent quantity, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 313/2023.

7. It is made clear that Petitioner No. 1 Alok Kumar shall be released after the surrender of his father Raj Dev Sah. (Sandeep Kumar, J) Saif/- U T