Md. Farman Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67628 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- R S P.S. District- Araria ====================================================== Md. Farman Alam S/o- Md. Sarwar Alam Resident of village- Chakardah ward no 08, Police Station- Araria District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the State :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Araria P.S. Case No. 103 of 2024 registered for the offence punishable under Sections 21, 22 and 23 of the NDPS Act.

3. As per the prosecution case, 56 bottles of Escuf Cough Syrup of Codeine each bottle contain 100 ml. totalling 5.600 litres was recovered from the rack kept in the shop of the petitioner.

4. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in jail since 29.07.2024 having clean antecedent.

Patna High Court CR. MISC. No.67628 of 2024(2) dt.03-10-2024 2/2

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Araria in connection with Araria R.S.P.S. Case No. 103 of 2024.

7. The petitioner will also mark attendance in Araria R.S. Police Station on every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.

8. At the time of accepting bail bonds of the petitioner, the Court below will verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent, the Court below shall not accept the bail bonds of the petitioner and if it is found that the petitioner has clean antecedent, his bail bonds shall be accepted by the Court below. (Sandeep Kumar, J) P. Kumar U T