IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85224 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Prabhash Kumar Prabhakar, S/o Bidyanand Yadav, R/o vill - Chikani, ward no. 8, P.S. - Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rudal Prasad, Advocate For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 17-02-2025 Heard Mr. Rudal Prasad, learned counsel for the petitioner and Mr.Uma Shankar Prasad Singh, learned APP for the State. 2. The petitioner has prayed for bail in connection with Supaul Excise P.S. Case No.288 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. 3. The case of the prosecution is that from a Pickup Van, 750 liters of cough syrup containing codein was recovered. When the informant enquired about the cough syrup, the driver told that he was carrying the syrup from Patna to Araria. Regarding this petitioner, the driver disclosed that he has taken lift in the vehicle. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.85224 of 2024(4) dt.17-02-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has got no any concern with the alleged recovery or the vehicle. He has only taken lift in the vehicle. He is an employee of the Toll Plaza. To support his averment, he has filed the annexures which goes to show that he is the employee of the Toll Plaza. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 03.11.2024. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Court No.II, Supaul in connection with Supaul Excise P.S. Case No. 288 of 2024. 7. Before parting, from perusal of the F.I.R., it is clear that there is a recovery of codein despite that F.I.R. has been lodged under Section 30(a) of the Bihar Prohibition and Excise Act. Patna High Court CR. MISC. No.85224 of 2024(4) dt.17-02-2025 3/3 Learned trial Court is directed to consider this fact that codein is a contraband and the recovery of codein attracts N.D.P.S. Act. lata/- (Ashok Kumar Pandey, J) U T