IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15665 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Manish Kumar S/o- Nirmal Panjiyar @ Nirmal Kumar Panjiyar Resent of Ward no. 14, Gandhi Path, P.S.- Sadar, Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Subesh Sharma, Adv. For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bangaon P.S. case No. 158 of 2024 instituted for the offences under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act, 2022. 3. Prosecution case, in short, is that the police has recovered total 240 liters codeine cough syrup from car. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is the Patna High Court CR. MISC. No.15665 of 2025(3) dt.15-05-2025 2/3 driver of the alleged car and was not aware of the illicit contraband being kept in the same. The petitioner is not the owner of the alleged car. Petitioner is in custody since 12.11.2024 and has three criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. He further submits that the co- accused Niraj Kumar has already been granted bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 11867 of 2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Counsel for the State has filed counter affidavit in this case stating therein that the total quantity of codeine has been found to 480 gram in the 240 liters of Wiscof cough syrup. Patna High Court CR. MISC. No.15665 of 2025(3) dt.15-05-2025 3/3 6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner 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 Court below/concerned Court in connection with Bangaon P.S. case No. 158 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. rishi/- (Rudra Prakash Mishra, J) U T