Guddu @ Jawed @ Md. Jawed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42725 of 2021 Arising Out of PS. Case No.-253 Year-2021 Thana- JOKIHAT District- Araria ====================================================== GUDDU @ JAWED @ MD. JAWED Son of Late Aiyub @ Md. Aiyub Resident of Village - Matiyari, P.S.- Jokihat, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anamul Haque For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Altogether 9 bottles of codeine cough syrup each containing 100 ml. is said to have been recovered from a shop and it is alleged that seeing the police, the petitioner fled away from the spot.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged
Patna High Court CR. MISC. No.42725 of 2021(2) dt.04-02-2022 2/3 in the FIR. He has been falsely implicated in this case due to village politics and enmity. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name has been disclosed by the people of locality, as the accused who fled away from the spot. Petitioner has no concern with the seized syrup. The recovery is said to have been made from a shop which does not belongs to the petitioner. Petitioner has eight criminal antecedents, as also mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 5,000.00/- (Rupees Five Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Jokihat P.S. Case No.253 of 2021 (Excise cum
Patna High Court CR. MISC. No.42725 of 2021(2) dt.04-02-2022 3/3 Spl. Case No.514/2021), subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:
(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00/- (Rupees Five Thousand) in Juvenile Justice Fund (Anjani Kumar Sharan, J) pallavi/- U T