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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45478 of 2021 Arising Out of PS. Case No.-308 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Md. Juber Alam @ Juber Son of Late Mehro @ Mohiuddin Resident of Village - Mehro Chowk, P.S.- Palasi, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

15-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Jokihat P.S. Case No. 308 of 2019, corresponding to Special Case No. 1046 of 2019, registered for the offence under Sections 272, 273/34 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act. 480 liters of codeine-made cough syrup has been recovered from a pick-up van, which was parked in the courtyard of co-accused Safir, who was apprehended on spot and disclosed the name of petitioner, as his associate indulged in the said business.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the courtyard of co-accused, who was arrested on spot, and petitioner has got no concern with the seized cough syrup. Petitioner is in custody since 19.06.2021.

Patna High Court CR. MISC. No.45478 of 2021(2) dt.15-11-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned 2nd Additional Sessions Judge cum Special Judge (Excise Act), Araria in connection with Jokihat P.S. Case No. 308 of 2019, corresponding to Special Case No. 1046 of 2019.

(Prabhat Kumar Singh, J.) anay U T