Shahbaz Alam @ Shahbaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30838 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- JALALGARH District- Purnia ====================================================== Shahbaz Alam @ Shahbaz S/o- Ayub Alam Resident of Nijgehuwa ward no 11 PS- Jalalgarh District- Purnea ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Advocate Md. Mumtaz Uddin, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard Mr. Md. Fazle Karim, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Jalalgarh P.S. Case No. 15 of 2025 for the offence punishable under Sections 8 (c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act lodged on 16.01.2025 by the informant, Sarika Kumari.
3. As per the prosecution story, the Police in course of checking of the vehicle, recovered/seized 30 liters of codeine containing cough syrup from the car in question beside the mobile phone. This led to the FIR.
4. Learned counsel for the petitioner submits that only because of he owns the car, got implicated, he had no
Patna High Court CR. MISC. No.30838 of 2025(3) dt.06-08-2025 2/3 knowledge about the presence of codeine in the dickey, has remained in custody since 17.01.2025 having no criminal antecedent.
5. Learned APP opposes the prayer stating that the car belongs to him.
6. Considering the submissions of the parties as also the fact that the petitioner has remained in custody since 17.01.2025 having no criminal antecedent, the cough syrup recovered/seized is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (NDPS), Purnea, in connection with Jalalgarh P.S. Case No. 15 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.30838 of 2025(3) dt.06-08-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T