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2023 Supreme(Pat) 124

SUNIL DUTTA MISHRA
Mukesh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Chandra Mohan Jha.
For the Opp. Party : Mr. Akhileshwar Dayal.

Sunil Dutta Mishra, J. – Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special (NDPS) Case No. 47 of 2022, arising out of GRP Patna P.S. Case No. 238 of 2022 registered for the offence punishable under Sections 21 C/29 of the NDPS Act and under Sections 274, 275, 276/ 34 of the IPC.

3. As per prosecution case, on 25.04.2022 during the course of checking at railway platform, petitioner with co-accused were found in suspicious condition and on search, from the possession of the petitioner 98 pieces of WISCOF Cough Syrup – 100 ml containing Codeine Phosphate and Triprolidine Hydrochloride and a touch screen mobile were recovered from his pitthu bag and the same quantity of the said cough syrup and touch screen mobile also recovered from the co-accused from his pitthu bag. The total quantity of cough syrup recovered is 19.6 litres. They could not produce any valid document to carry the said quantity of contraband.

4. Learned counsel for the petitioner has submitted that petitioner is a student having no criminal antecedent and has been falsely implicated in the present case. He has further submitted that eve

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