Patna High Court - Orders
Md Asgar Ali @ Asgar vs The State Of Bihar on 11 February, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65744 of 2024
Arising Out of PS. Case No.-139 Year-2024 Thana- JOKIHAT District- Araria
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Md Asgar Ali @ Asgar S/o Md Akbar Ali R/o vill - Balwa, Ward No. 09, P.S.
- Mahalgaon, Distt. - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-20251. Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 21(a) and 21(b) of the NDPS Act.
3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with an allegation that informant received an information that petitioner along on his vehicle had gone to the house of the co-accused for delivering Codeine Syrup and the Codeine Syrup was recovered from the house of the co-accused.
4. Learned counsel for the petitioner submits that neither the syrup was recovered from the conscious possession of the petitioner nor from his house or from his car and petitioner is a person with clean antecedent. It is further Patna High Court CR. MISC. No.65744 of 2024(2) dt.11-02-2025 2/3 submitted that it is very easy to implicate someone based on secret information. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence that he was not involved in the occurrence in any manner.
5. Mr. Rabindra Kumar, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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 Jokihat P.S. Case No. 139 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. One of the bailors of the petitioner shall be his father, namely, Md. Akbar Ali.
8. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court Patna High Court CR. MISC. No.65744 of 2024(2) dt.11-02-2025 3/3 is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
9. It is made clear that if the charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall lose its effect.
(Satyavrat Verma, J) Kundan/-
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