Patna High Court
Hussain MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the prosecution failed to demonstrate any material grounds to justify its denial.
Summary
The petitioner, Hussain Miyan, was arrested in connection with a case registered under sections 111 and 3(5) of the Bihar Narcotic Substances Act, sections 8(c), 21(b), 29 and 35 of the NDPS Act, and sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that 101 g of brown sugar, five live cartridges, cash of Rs 1,04,830 and a mobile phone were seized from the house of a co‑accused, Akash Kumar. The petitioner contended that nothing was recovered from his possession, he was merely apprehended while fleeing, has no criminal antecedent and has been in custody since 17 December 2025. The State opposed the grant of regular bail, arguing the seriousness of the offences. After considering the material, the court found no substantive ground to deny bail and ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the NDPS and Arms Acts
- Whether the circumstances of apprehension while fleeing justify denial of bail
- Whether the absence of any seized contraband from the petitioner’s possession warrants bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 111, 3(5)
- NDPS Act — s. 21(b), 29, 35, 8(c)
Subjects
- regular bail
- NDPS Act
- Arms Act
- criminal procedure
- presumption of innocence
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16518 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Hussain Miyan Son of Abdul Lotif R/o Village - Babar Bona, Police Station-
Kallechak @ Kaliachak, District- Malda, (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad, Advocate
For the Opposite Party/s : Mr.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 111, 3 (5)
of the BNS and Sections 8 (c), 21 (b), 29 and 35 of the NDPS
Act and Section 25 (1-B)a, 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that from the
house of co-accused, Akash Kumar, altogether 101 gm of brown
sugar, five live cartridges, Rs. 1,04,830/- in cash, and a Redmi
mobile phone were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.16518 of 2026(2) dt.17-03-2026
2/2
petitioner. It is further submitted that merely because he was
apprehended while fleeing, he has been falsely implicated in the
present case. The petitioner has no criminal antecedent and is in
custody since 17.12.2025.
5. Learned APP vehemently opposes the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Khagaria P.S. Case No. 368 of 2025
(NDPS Spl. Case No. 35 of 2025) on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (NDPS Act),
Khagaria.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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