Md Kahir @ Kahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4628 of 2021 Arising Out of PS. Case No.-770 Year-2020 Thana- ARARIA District- Araria ====================================================== Md Kahir @ Kahir, aged about 27 years, Son of Badir @ Md Wadir, Resident of Village - Mirjabhag, Ward No. - 3, P.S. - Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar, Advocate For the State :

Mr.Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No.771 of 2020 arising out of Araria P.S. Case No. 770 of 2020 registered for the offences punishable under Sections 30(a), 37(c) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 17 liters of codeine cough syrup has been recovered from the Scooty. Learned counsel for the petitioner further submits that the said Scooty does not belong to the petitioner. Learned counsel for the petitioner further submits that the petitioner has falsely been implicated in the present case. Petitioner is in jail

Patna High Court CR. MISC. No.4628 of 2021(2) dt.26-03-2021 2/2 custody since 20.09.2020 and petitioner has got no any criminal antecedent.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Araria in connection with Special Case No.771 of 2020 arising out of Araria P.S. Case No. 770 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T