Md. Saddam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23147 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Md. Saddam, Son of Md. Nisar,

2. Md. Sahid, Son of Md. Sattar. Both Resident of Village- Karua More, P.S.- Chautham, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offences punishable under Section(s) 30(a) of the Bihar Prohibition Excise Act, 2016 and Section 18(c) of Drugs and Cosmetic Act in connection with Beldaur P.S. Case No. 52/2017. Allegation, as per the F.I.R, is of recovery of 290 bottles of cough syrup, namely, Elturex-T, from possession of the petitioners.

It has been submitted on behalf of the petitioners that the seized articles belong to one Md. Mukhtar, a quack. Md. Mukhtar had requested the petitioners to carry the cough syrup.

Patna High Court Cr.Misc. No.23147 of 2017 (4) dt.04-07-2017 2/2 Except the cough syrup, nothing illegal has been recovered from possession of the petitioners. Further, the petitioners have been remained in custody for more than three months. Heard learned Additional Public Prosecutor also. Having heard both sides, in view of the facts, stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria, in connection with Beldaur P.S. Case No.

52/2017, subject to the conditions that one of the bailors should be relative of the petitioners and another having sufficient immovable property within the jurisdiction of the court below with further condition that they will co-operate in disposal of the trial and will make themselves available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of their bail. (Vinod Kumar Sinha, J.)