Junaid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69209 of 2022 Arising Out of PS. Case No.-172 Year-2021 Thana- LAURIA District- West Champaran ====================================================== JUNAID ALAM Son of Late Sahabuddin R/O Village - Kandhwaliya, P.S.- Lauriya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Lauriya P.S. Case No. 172 of 2021, registered for the offences punishable under Sections 274, 275, 276, 419, 420 of the Indian Penal Code and under Section 27 (b), 27(b) (ii), 28, 28 (A) of Drugs and Cosmetics Act, 36 (AC) of Drugs and Cosmetic (Amendment) Act, 2008, U/s 7(i) (iii) of the Drug (Price Control) Order, 2013 and under Section 22 (b) of NDPS Act. Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. The only allegation against him is that he was selling medicine without having license. His son Danish Junaid was arrested and he disclosed the name of the petitioner and apprised the police party that he was selling the medicine without license.

Patna High Court CR. MISC. No.69209 of 2022(2) dt.15-03-2023 2/2 Learned counsel has also submitted that Danish Junaid has been granted bail by the learned court below and Hari Yadav from whose possession the medicine was recovered has also been enlarged on bail. The petitioner is under custody since 26.05.2022. On the other hand, the learned APP has opposed the prayer for bail.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 172 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T