Md Ansir Akhtar @ Md Nasir Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19357 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MD ANSIR AKHTAR @ MD NASIR AKHTAR S/O LATE SHAMIM AKHTAR @ SHAMIM R/o village- Sisona, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioner is apprehending his arrest in connection with Special case No.12/2020 arising out of P.R. No.5/2020 registered under Sections 22b(ii)C of the N.D.P.S. Act. The prosecution case, in short, is that 128 liters cough syrup is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 128 liters cough syrup is recovered from the car. The petitioner is not the owner

Patna High Court CR. MISC. No.19357 of 2021(2) dt.22-11-2021 2/2 of the car in question. The petitioner is not named in the complaint case/F.I.R. His name has come in this case in course of investigation. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge (Special NDPS Judge), Purnia in connection with Special case No.12/2020 arising out of P.R. No.5/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T