Margub @ Md. Margub Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82076 of 2025 Arising Out of PS. Case No.-347 Year-2025 Thana- KHAJANCHI HAT District- Purnia ====================================================== Margub @ Md. Margub Alam S/O Md. Sabbir Husband of Owner of Anaya Medical Hall, Resident of Village- Pipra, Bishanpur Parora @ Parora, P.S.- K.Nagar, District - Purnea at Present near the gate of R.K.K.College Madhubani, P.S.-Madhubani, District-Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-01-2026 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with K.Hat P.S. Case No. 347 of 2025 registered for the offences under Sections 8(c), 21(c), 25 and 29 of the NDPS Act.
3. As per the prosecution case, the police during patrolling apprehended one person riding a motorcycle and upon search recovered a total of 72 bottles of 100 ml containing Triprolidine Hydrocloride & Codeine Phosphate Syrup and BLUREX-T, batch no. TBHY0180, Mfg-07/25, total 7.200 liters was seized.
4. Learned senior counsel appearing for the petitioner
2/4 submits that the petitioner has falsely been implicated merely because the apprehended accused person disclosed that the seized material was purchased from the medical shop of the petitioner. It has been submitted that no incriminating article has been recovered from the conscious possession of the petitioner and that no document pertaining to the said seizure was recovered either from the apprehended accused person or from the shop of the petitioner. It has been submitted that the petitioner has a medical shop and has no concern whatsoever with the recovered material. It has further been submitted that subsequent to the present F.I.R., the petitioner has also been implicated in another case being Madhubani PS Case No. 226 of 2025 which was lodged after the present F.I.R. It has lastly been submitted that the petitioner has no connection whatsoever with the seized material and has no connection with the apprehended accused person.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks
3/4 from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with K.Hat P.S. Case No. 347 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has
4/4 concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
(Sourendra Pandey, J) aditya/- U T