Md. Mokim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24409 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Md. Mokim, son of Late Haji Moinuddin, Resident of Village - Gaiyari, Ward No. 13, P.S. Araria, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 19-07-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Araria P.S. Case No.85 of 2017 registered under Sections 272 and 273/34 of the Indian Penal Code besides Sections 30, 36 and 38 of the Bihar Excise Prevention Act, 2016.

The accusation is of recovery of 13 bottles of CODEINEPHOSPHATEQ CHLORPHENIRAMINE MALEATE SYRUP, each containing 100 ml., 91 bottles of CODEINE PHOSPHATE TRIPROLIDINE HYDROCHLORIDE SYREP,

Patna High Court Cr.Misc. No.24409 of 2017 (4) dt.19-07-2017 2/3 each containing 100 ml, and 76 bottles of COREX COUGH SYRUP from the garage of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner used to run the garage in which the labourers also used to reside and the petitioner had no knowledge about keeping the seized medicines in his garage. The petitioner is in custody since 16.02.2017. Further submission is that while the petitioner is accused in four other cases but in all the cases, he is on bail.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, District-Araria, in connection with Araria P.S. Case No.85 of 2017. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case during the course of the trial. If the petitioner fails to appear in the trial court, during the course of the trial, on two

Patna High Court Cr.Misc. No.24409 of 2017 (4) dt.19-07-2017 3/3 consecutive dates, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T