Md. Nishar Alam @ Chunna @ Jumman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56629 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- JALALGARH District- Purnia ====================================================== Md. Nishar Alam @ Chunna @ Jumman Son Of Late Mumtaz Alam R/O Village- Jhawari Hat, P.S.- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code, 30(a) of the Bihar Prohibition and Excise Act, 2016 and 21(a), 22(b) of the N.D.P.S. Act and 27(b) of the Drugs and Cosmetic Act.

The prosecution case, in short, is that 332 bottles of cough syrup is recovered from the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.56629 of 2021(2) dt.07-12-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the 12 bottles (each containing 100 ml.) of cough syrup is recovered from the shop of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 332 bottles of cough syrup is recovered out of which 280 bottles of cough syrup is recovered from the house of co-accused, 10 bottles of cough syrup is recovered from the house of another co-accused, 30 bottles of cough syrup is recovered from another co-accused and 12 bottles of cough syrup is recovered from the shop of the petitioner. The cough syrup in question does not come within the purview of Excise Act. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge,

Patna High Court CR. MISC. No.56629 of 2021(2) dt.07-12-2021 3/3 N.D.P.S. Act, Purnea in connection with Jalalgarh P.S. Case No. 85 of 2021 giving rise to Special Case No. 35 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T