Sakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26535 of 2017 Arising Out of PS.Case No. -831 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Sakib, S/o Hasib, resident of Village Hariya Chowk, P.S. Araria, R.S. District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 272, 273/34 of the I.P.C. and Sections 27(b)/28 of the Drugs and Cosmetics Act and Section 22(B) of the N.D.P.S. Act and Sections 30/38 of the Bihar Excise Act. Allegation is that 400 bottles of corex cough syrup, each 100 ml., was recovered from the possession of co-accused Md. Meraj Alam.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.4.2017 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 400

Patna High Court Cr.Misc. No.26535 of 2017 (3) dt.07-07-2017 2/2 bottles of corex cough syrup, each 100 ml., was recovered from the possession of co-accused Md. Meraj Alam. There is no compliance of Section 100 Cr.P.C. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Araria in connection with Special case No.42 of 2016 arising out of Araria P.S. case No.831 of 2016. (Sudhir Singh, J) Narendra/- U T