Khurshid @ Khurshid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88324 of 2024 Arising Out of PS. Case No.-508 Year-2024 Thana- ARARIA District- Araria ====================================================== Khurshid @ Khurshid Alam S/o Late Habib R/o vill - Gaiyari, ward no. 07, P.S. - Araria, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard the parties.
2. The petitioner is in custody in connection with Araria P.S. Case No. 508 of 2024 for the offence punishable under section 21(a) of the NDPS Act lodged on 30.09.2024 by the informant, Kajal Kumari.
3. As per the prosecution story, the informant alleged that during patrolling and on secret information, the accused were intercepted and from the yellow bag there is recovery of two liters of codeine cough syrup. This led to the FIR/arrest.
4. Learned counsel for the petitioner submits that he do not have criminal antecedent, falsely implicated in this case and no such recovery was ever made. He has remained in custody since 01.10.2024 and if granted bail, shall be diligently appearing before the Police during the course of
Patna High Court CR. MISC. No.88324 of 2024(2) dt.08-01-2025 2/3 investigation/attend the trial.
5. Learned APP opposes the prayer for bail.
6. Considering the submissions put forwarded by the parties as also his period of custody, coupled with the fact that the petitioner do not have any criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Sessions Judge, Araria, in connection with Araria P.S. Case No. 508 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.88324 of 2024(2) dt.08-01-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T