Afsar @ Guddu @ Md. Afsar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73765 of 2024 Arising Out of PS. Case No.-796 Year-2020 Thana- ARARIA District- Araria ====================================================== Afsar @ Guddu @ Md. Afsar Son of Md. Hashim @ Md. Hasim VillageKamalpur Gaira Ps- Jalalgarh Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Altogether 75 bottles each 100 ml codeine contain cough syrup is said to have been recovered from motorcycle of the petitioner. No person was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized syrup or any trade of syrup. He was not
Patna High Court CR. MISC. No.73765 of 2024(2) dt.02-12-2024 2/3 apprehended on the spot and his name transpired only because he is the owner of the said motorcycle. Petitioner has two criminal antecedent which is not of similar nature as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Araria P.S. Case No.796 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.73765 of 2024(2) dt.02-12-2024 3/3 inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) priyanka/- U T