Md. Hamid @ Hamid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9294 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- BAISI District- Purnia ====================================================== Md. Hamid @ Hamid Son of Maulvi Akmal Resident of village- Pokharia, Sathiyara, P. S.- Baisi, Distt.- Purnea (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Diksha Kumari, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Baisi PS Case No.395 of 2024 dated 10.12.2024, instituted under Sections 21(c) and 25 of the NDPS Act.

3. The prosecution case, in short, is that the informant received information from a reliable source that co-accused, Md. Kalam, along with the petitioner, was involved in storing and selling prohibited codeine added cough syrup. During the raid, the petitioner and co-accused, Md. Kalam, managed to escape from the place of occurrence. It is further alleged that

Patna High Court CR. MISC. No.9294 of 2025(2) dt.06-03-2025 2/3 200 litres of cough syrup were recovered from the shop of coaccused Md. Kalam.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that no contraband has been recovered from the conscious possession of the petitioner or from his house rather the alleged illicit cough syrup was recovered from a shop belonging to co-accused Md. Kalam, with whom the petitioner has no connection. It is also submitted that the said shop is situated on the ground floor of Md. Kalam's house, and the petitioner has no ownership, possession, or control over the premises. Lastly, it is submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Purnea, in Baisi PS Case No.395 of 2024, subject to the conditions laid down in Section 438(2) of

Patna High Court CR. MISC. No.9294 of 2025(2) dt.06-03-2025 3/3 the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T