Md. Ajimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88624 of 2024 Arising Out of PS. Case No.-178 Year-2019 Thana- KASBA District- Purnia ====================================================== Md. Ajimuddin S/O Md. Ishhaque R/O Vil.- Naya Tola, Damka, P.S.- Sadar, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

Mr. Manoj Kumar, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2025 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable u/s 272, 273, 274/34 of the IPC, sections 27(b), (ii), (d), 28 of the Drugs and Cosmetics Act and section 21(b) of the N.D.P.S. Act.

3. Allegedly, 8 cartoons of Codine containing cough syrup were seized from the spot which were being loaded to a Scorpio from Magic Goods Carrier vehicle. The Scorpio vehicle fled away at high speed and it is alleged that petitioner is the owner of the said Scorpio vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He has been

Patna High Court CR. MISC. No.88624 of 2024(2) dt.05-02-2025 2/2 made accused in this case on the basis that he is owner of the said Scorpio vehicle but this vehicle has not been seized from the spot. Petitioner has neither been apprehended on the spot nor any recovery has been made from his conscious physical possession. He has no concern with the loading or unloading of the said syrup. Petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 28.10.2024.

5. However, learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, since recovery has not been made from the vehicle of petitioner, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Kasba P.S. Case No.178/2019, subject to the condition that the petitioner shall co-operate in the trial and if he fails to appear on two consecutive dates his bail bonds shall be liable to be cancelled. devendra/- (Anjani Kumar Sharan, J) U T