Patna High Court - Orders
Md. Asgar Ali vs The State Of Bihar on 17 March, 2026
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81203 of 2025
Arising Out of PS. Case No.-247 Year-2021 Thana- BAISI District- Purnia
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Md. Asgar Ali Son of Akbar Ali Resident of Village- Walba, Ward No. 09,
P.S.- Mahalgaon, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. N. K. Agrawal- Sr. Advocate
Mr. Ramesh Kumar Singh- Advocate
Mr. Kumar Rajdeep- Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
Mr. Chandra Bhushan Prasad- A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 17-03-20261. Heard learned senior counsel for the petitioner and learned APP Sri Chandra Bhushan Prasad for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 274, 275 and 276 of the Indian Penal Code and Section 21(b) of the NDPS Act.
3. The learned senior counsel for the petitioner submits that the petitioner has antecedent of one case under the NDPS Act and the allegation is of recovery of 1198 litres of codeine syrup from a pick-up vehicle and Sanjay along with Sonu were arrested and Sanjay disclosed that he was transporting the syrup from Kishanganj to Gulabbagh while Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026 2/6 Sonu disclosed that he is an employee of Soni Medical and the owner had directed him to deliver the consignment at Rahat Medical Hall Gulabbagh.
4. The learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that Sanjay along with Sonu were apprehended with 1198 litres of codeine syrup. It is further submitted that Sanjay disclosed that he was transporting the syrup while Sonu disclosed that he is an employee of Soni Medical and his owner had asked him to deliver the consignment at Rahat Medical Shop. It is next submitted that owner of Rahat Medical Shop is one Md. Moin. It is next submitted that petitioner is not named in the FIR and even the apprehended accused did not even remotely suggest that the consignment was to be delivered at the medical shop of the petitioner namely, Ali Distributors, thus petitioner was not named in the FIR. It is further submitted that petitioner and Md. Moin are competitors. It is next submitted that petitioner also gets his medicine delivered from Soni Medical and in support of the same various receipts have been annexed with reply to the counter-affidavit filed by the petitioner.
5. The learned senior counsel appearing on behalf of Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026 3/6 the petitioner next submits that wife of Md. Moin, namely, Jahan Ara two years of after institution of the instant FIR filed an application before the police alleging therein that on account of business rivalry, her husband came to be implicated when the consignment apprehended was sent by Soni Medical to Ali Distributors. It is further submitted that based on the application of the wife of Md. Moin, the police started chasing the petitioner necessitating filing of the instant anticipatory bail application.
6. Learned A.P.P. Sri Chandra Bhushan Prasad was directed to file a counter-affidavit duly sworn by the Superintendent of Police, Purnea. The learned A.P.P. submits that a counter-affidavit duly sworn by the Superintendent of Police, Purnea has been filed and in the counter-affidavit at Para-4, the details with regard to the petitioner about his involvement in the occurrence has been recorded. It is submitted that CDR of the petitioner was investigated and it was found that petitioner was in contact with the driver of the vehicle on 15.08.2021 for around 72 seconds, thereafter on 23.08.2021 for 157 seconds and on 25.08.2021 for 39 seconds and was also in contact with owner of Soni Medical on 23.08.2021 for 15 seconds and thereafter again on 30.08.2021 for 901 seconds. Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026 4/6
7. The learned senior counsel appearing on behalf of the petitioner submits that a reply to the counter-affidavit has been filed denying the allegations. It is submitted that merely because petitioner had contacted the driver and Soni Medical that in itself does not involve the petitioner in the occurrence. It is submitted that as submitted earlier and recorded herein above, that petitioner also used to order medicine from Soni Medical and it was in that connection that he was talking to the owner of the Soni Medical and the driver of the vehicle. It is also submitted that the date of occurrence as alleged in the instant FIR is 29.08.2021 whereas petitioner had talked to the driver of the vehicle on 15.08.2021, 23.08.2021 and 25.08.2021, but the said talk was in connection with his consignment. It is reiterated and submitted that the apprehended accused did not even remotely suggest that the consignment was meant for Ali Distributors, but since Ali Distributors and Rahat Medical are competitors, as such, it appears that wife of Md. Moin by way of after thought two years after the institution of the instant FIR tried to implicate the petitioner. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026 5/6
8. The learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.
9. 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. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Baisi P. S. Case No.247 of 2021, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that one of the bailors of the petitioner shall be his father namely, Akbar Ali.
10. The application stands allowed.
11. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026 6/6
12. Let a copy of this order be sent to the concerned Police Station through the learned trial Court.
(Satyavrat Verma, J) vikash/-
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