Md. Musfik @ Md. Mushfique Alam @ Md. Musfic AlamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35346 of 2026
                        Arising Out of PS. Case No.-259 Year-2022 Thana- AMAUR District- Purnia
                 ======================================================
                 Md. Musfik @ Md. Mushfique Alam @ Md. Musfic Alam, Son of Mustak
                 Alam @ Md. Mustaque Ahmad, Resident of Village- Majrahi, P.S.- Amopur,
                 District- Purnea, Bihar
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard learned Advocate for the petitioner and the

                   learned APP for the State through virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Amour P.S. Case No. 259 of 2022 registered for

                   the offences under Sections 272, 273, 274, 275, 276/34 of the

                   Indian Penal Code and Section 21(b) of the N.D.P.S. Act.

                                3. In course of vehicle checking, the police

                   intercepted one motorcycle, however, noticing the police party,

                   out of two persons, one succeeded in fleeing away. The

                   apprehended person disclosed his name as Danishur Rahman. In

                   course of search altogether 340 bottles of Codeine Phosphate

                   Syrup, each containing 100 ml codeine was recovered. It is

                   further stated that the name of the petitioner has been implicated

                   in this case on account of he being the owner of the vehicle, in
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          question.

                       4. Learned Advocate for the petitioner taking this

          Court through the F.I.R. contended that even as per the

          allegation, it appears that the person, who succeeded in fleeing

          away was co-accused Ashraf and the apprehended person

          disclosed his name as accomplice in the crime; but only on

          account of the petitioner being the brother of co-accused

          Danishur Rahman, his name has been implicated in this case.

          The police after investigation, on being found no material,

          submitted Final Report showing the petitioner as innocent and

          he has not even been sent up for trial. To support the aforesaid

          contention, the Final Form/Report, bearing no. 214/23, dated

          23.08.2023 has been brought on record as Annexure-P/2. It is

          further     submitted      that    despite     the   aforesaid   fact,   the

          jurisdictional court differing with the Final Report took

          cognizance of the offences as alleged in the F.I.R. Hence,

          necessity of the present application. The petitioner bears fair

          antecedent and has no concern with the present recovery is the

          contention of the learned Advocate for the petitioner.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          motorcycle, in question, which is used in the crime, belongs to
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                       the petitioner and, as such, his complicity in the crime cannot be

                       ruled out.

                                    6. Regard being had to the submissions made on

                       behalf of the parties and considering the fact that save and

                       except the petitioner being the owner of the motorcycle, in

                       question, there is no other material suggesting his complicity in

                       the crime, besides the fact that the petitioner has not even been

                       sent up for trial, as also his fair antecedent, let the petitioner,

                       named above, in the event of his arrest or surrender before the

                       court     below      within      four     weeks      from   the   date   of

                       receipt/production of a copy of this order, be released on bail on

                       furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Principal District & Sessions Judge, Purnea in

                       connection with Amour P.S. Case No. 259 of 2022, subject to

                       the condition as laid down under Section 482 (2) of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023 with the further

                       condition that one of the bailors shall be the own/close relative

                       of the petitioner.


                                                           (Harish Kumar, J)
uday/-

U        T