Md. Nadeem @ Nadeem Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68909 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- ARARIA District- Araria ====================================================== Md. Nadeem @ Nadeem Alam Son Of Shamim @ Md. Shamim Resident Of Village - Sisouna, Ward No.- 01, P.S.- Araria, District - Araria At Present Mohalla - Azad Nagar Ward No.- 20, Near Phool Wali Masjid, P.S. And District - Araria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 01 litre of codeine syrup from an empty shop at Sadar Hopsital Chowk and 13 litres of codeine syrup from petitioner's room along with 375 ml English liquor. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner will not evade the law rather will

Patna High Court CR. MISC. No.68909 of 2022(2) dt.13-12-2022 2/2 cooperate in the investigation and will present himself as and when required by the Investigating Officer, so that the truth comes out. It is also submitted that the alleged room from where the recovery was made does not belong to the petitioner, nor petitioner is the landlord of the said house rather he is a tenant. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Araria P. S. Case No.492 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T