Patna High Court
Saroj MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioners with conditions under Sections 438(2) and 482(2) of the Cr.P.C.
Summary
The petitioners, Saroj Miyan and Ravi Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 21(c), 23(c) and 29 of the NDPS Act. The FIR records that narcotics were recovered from the house of co‑accused Suraj Kumar and mentions the petitioners only in connection with earlier transactions, with no seizure made from them and no independent witnesses to the recovery. The State opposed the bail on the basis of the allegations in the FIR. The Court noted the absence of any direct recovery from the petitioners and, applying Sections 438(2) and 482(2) of the Cr.P.C., granted anticipatory bail subject to a bond of Rs 10,000, two sureties, a family member as bailor, cooperation with the investigation, and cancellation of bail if they become accused in any other NDPS case. Consequently, the petitioners were released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the NDPS Act despite the allegations in the FIR.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 23(c), 29
Subjects
- anticipatory bail
- NDPS Act
- narcotics
- FIR
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25021 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- Haraiya District- East Champaran
======================================================
1. Saroj Miyan S/O Ahmad Miyan Resident of Village- Tumariya Tola, Ward
No. 03, P.S.- Haraiya, District - East Champaran.
2. Ravi Kumar S/O Gopal Sah Resident of Village- Tumariya Tola, Ward No.
03, P.S.- Haraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections 21(c),
23(c), 29 of the N.D.P.S. Act.
3. Petitioners are said to be involved in buying and
selling of narcotics in Nepal.
4. Learned counsel for the petitioners submits that the
recovery of the intoxicant medicines and cough syrup etc. has
been made from the house of co-accused Suraj Kumar as would
be clearly evident from the First Information Report itself. The
name of the petitioners transpires in the last portion of the FIR
where it has been stated that the co-accused Suraj Kumar while
Patna High Court CR. MISC. No.25021 of 2026(2) dt.01-05-2026
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taking the name of another accused from whom he had
purchased the said intoxicant/medicines etc. has also mentioned
that long time back he used to have certain transactions with
other accused persons wherein the name of these petitioners has
also been mentioned. It is, thus, submitted that these petitioners
have no concern with the present recovery of the seized
intoxicant medicines and also such recovery has not been made
in the presence of any independent witnesses.
5. Learned APP for the State has opposed the
application for anticipatory bail on the basis of the allegations
made in the First Information Report.
6. Taking into consideration the facts and
circumstances and also considering the fact that no recovery has
been made from the possession of these petitioners, let the
above named petitioners in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each 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 Haraiya P.S. Case No. 168 of 2025, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C./482(2) of the
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B.N.S.S., subject to the further conditions that:
(i) One of the bailors will be a family member/close
relative of the petitioners.
(ii) The petitioners shall cooperate in the
investigation/trial by making themselves available as and when
required by the Investigating Officer.
(iii) In case the petitioners are made an accused in any
other case under the N.D.P.S. Act, the prosecution shall take all
steps to get the present bail bonds cancelled.
(Soni Shrivastava, J)
devendra/-
U T
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