Salauddin Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53001 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- INARWA District- West Champaran ====================================================== Salauddin Alam S/O Manjoor Miyan R/O Village- Khamiya, Ward No. 10, P.S.- Inarwa, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Binay Kant Mani Tripathi, Advocate For the State :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Inarwa P.S. Case No-70 of 2025, dated-31.05.2025, registered for the offences punishable under Sections 317(5) of the B.N.S., and Section 7 of the E.C. Act.
3. As per allegation, 25 sacs of urea was recovered from the house of the Petitioner besides 3 additional sacs from open space and as per further allegation this urea was stored with intent to smuggle it into Nepal.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that he is an agriculturist and he has kept the fertilizers for his personal use. He further submits that
Patna High Court CR. MISC. No.53001 of 2025(2) dt.11-08-2025 2/3 no control order has been violated by the Petitioner, nor any such order has been mentioned in the FIR. He also submits that there is no question of application of Section 317 of the B.N.S.S., 2023.
5. He further submits that the petitioner has been languishing in jail since 31.05.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Inarwa P.S. Case No-70 of 2025 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.53001 of 2025(2) dt.11-08-2025 3/3 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T