Khurshid Alam @ Md. Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19023 of 2025 Arising Out of PS. Case No.-162 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Khurshid Alam @ Md. Khurshid Alam, Son of Abid Hussain @ Aabid Hussain @ Aabid Ansari R/O Village - Shahi Mohalla, P.S. and Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Arwal P.S. Case No. 162 of 2024 dated 20.04.2024 instituted for the offence punishable under Sections 8(c)/21(a) of the N.D.P.S. Act

3. The allegation is of recovery of 7.5 gram smack, Rs. 3650/- in cash and one mobile phone from the possession of co-accused Bittu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. Only on the basis of confessional statement of coaccused, Nilu Singh, the petitioner has been made accused in

Patna High Court CR. MISC. No.19023 of 2025(2) dt.16-04-2025 2/2 this case. The apprehended person, Bittu Kumar disclosed the name of Nilu Singh and the said Nilu Singh disclosed the name of the petitioner. Learned counsel for the petitioner further submits that nothing has been recovered either from the conscious possession or from the house of the petitioner. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Arwal P.S. Case No. 162 of 2024, he will 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 Principal District and Sessions Judge, Jehanabad subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T