Noorudin @ Nooruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41955 of 2025 Arising Out of PS. Case No.-463 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Noorudin @ Nooruddin S/o Sakil Resident of village- Gogra, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr.Mukesh Kumar Rana, learned counsel for the petitioner and Mr.Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 08.01.2025, in connection with NDPS Case No. 1503 of 2024 arising out of Jokihat P.S.Case No.463 of 2023, F.I.R. dated 29.09.2023 registered for the offence punishable under Sections 21(b),21(C) of N.D.P.S.Act.
3. Recovery is of altogether 398 liters of cough syrup.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Name of the petitioner has been transpired during investigation on the basis of the disclosure made by apprehended co-accused person, namely,
Patna High Court CR. MISC. No.41955 of 2025(2) dt.04-07-2025 2/3 Md. Alam and altogether 80 liters of cough syrup was recovered from the house of the petitioner. Learned counsel for the petitioner submits that from a bare perusal of the FIR as well as seizure list it appears that altogether 318 liters of cough syrup was recovered from the house of co-accused person, namely, Alam @ Md. Alam and he has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 05.02.2024 passed in Cr. Misc. No.4122 of 2024 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.01.2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent and similarly situated co-accused person has been granted bail by a Coordinate Bench of this Hon'ble Court, 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 learned Sessions Judge, Araria in connection with NDPS Case No. 1503 of 2024 arising out of Jokihat P.S.Case No.463 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.41955 of 2025(2) dt.04-07-2025 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) 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 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T