Md. Nasim @ Md. Naseem @ Baiju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12887 of 2021 Arising Out of PS. Case No.-308 Year-2019 Thana- RAMPUR District- Gaya ====================================================== MD. NASIM @ MD. NASEEM @ BAIJU Son of Late Md. Aziz Resident of Mohalla- Gewal Bigha, Near Munni Maszid, P.S.- Rampur, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Rampur P.S. Case No. 308 of 2019 registered for the offence under Sections27(b)II/28/28A of Drugs and Cosmetics Act 1940. Allegedly, the petitioner was running a medical shop without having licence. During raid, on query, he said that he

Patna High Court CR. MISC. No.12887 of 2021(2) dt.07-02-2022 2/3 had no licence.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is not owner of the medical shop, in question rather he is a salesman. He had no knowledge whether the shop was being run with licence or not. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his

Patna High Court CR. MISC. No.12887 of 2021(2) dt.07-02-2022 3/3 personal bond to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 308 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T