Md Noor Alam @ Md Nur Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31554 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- INARWA District- West Champaran ====================================================== Md Noor Alam @ Md Nur Aalam S/o Late Sabir Ansari R/o vill - Alom, P.S.- Birganj, Distt.- Parsa, Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Inarwa P.S. Case No. 16 of 2025 registered for the offences punishable under Section 22(b) of Narcotics Drugs and Psychotropic Substances Act. Petitioner has clean antecedent.
3. The prosecution case is to the effect that the informant along with the other police personnel conducted a raid near the Neapal border and during vehicle checking at the border, a motorcycle with Nepali Registration was stopped and one person was apprehended and on search it was found that 100 pieces of Onerex Cough Syrup each quantity 100 ml plastic bottle was recovered from the bag. The said person disclosed
2/4 himself to be Md. Noor Alam (petitioner). On the disclosure of the said apprehended person a medicine shop was also raided and one person namely, Omnath Arya was apprehended from such place and 47 pieces of Onerex Cough Syrup was also recovered.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and no such recovery as stated has been made from the conscious possession of the petitioner. It has further been submitted by the learned counsel for the petitioner that the other co-accused, namely, Omnath Arya was granted bail by a Coordinate Bench of this Hon'ble court vide order dated 01.05.2025, passed in Criminal Misc. No. 24700 of 2025. It has lastly been submitted that the petitioner has clean antecedent and he is in custody since 13.02.2025.
5. The learned A.P.P for the State has opposed the prayer for bail.
6. Considering the aforesaid submissions made by the respective parties and also considering the fact that the quantity seized during such raid is below the commercial quantity and similarly situated co-accused has been granted bail, I am inclined to grant the petitioner privilege of regular bail.
3/4
7. Accordingly, the prayer for bail is allowed.
8. Let 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 the court of learned Exclusive Special Judge, N.D.P.S., West Champaran, Bettiah, in connection with Inarwa P.S. Case No. 16 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Siwani/- U T