Ajim @ Azimuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6393 of 2025 Arising Out of PS. Case No.-338 Year-2023 Thana- PALASI District- Araria ====================================================== Ajim @ Azimuddin S/o- Late Jahiruddin Village- Karori Dighali Ward No 9 PS- Palasi and Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Rahul Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard Mr. N.K. Agrwal, learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Palasi P.S Case No. 338 of 2023 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The First Information Report and the seizure list shows the recovery of about 37 litres of illicit Eskuf cough syrup mix with codeine and was duly seized in the house of the petitioner and seizure list was prepared.
4. Learned senior counsel appearing on behalf of the petitioner submits that the recovery has been made from
Patna High Court CR. MISC. No.6393 of 2025(4) dt.21-05-2025 2/3 the house which is in the joint possession of other family members and hence no liability can be fixed on the present petitioner. It has also been submitted that during the course of investigation, no independent witnesses have supported the prosecution case. The petitioner is in custody since 24.10.2024 and he is an accused in one more case under Excise Act, in which he is on bail.
5. Learned APP for the State opposes the grant of bail.
6. Considering the aforesaid facts and circumstances, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Special Judge Excise Act, Araria in connection with Palasi P.S Case No. 338 of 2023, subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.
(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the
Patna High Court CR. MISC. No.6393 of 2025(4) dt.21-05-2025 3/3 Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.
(Soni Shrivastava, J) Raj Ranjan/- U T