Patna High Court

Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik AliversusThe State of Bihar

Decided: 19 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, Gabbu Miya, was charged under sections 317(2), 317(4), 317(5) of the IPC and sections 3 and 5 of the Bihar Narcotic Substances Act for allegedly possessing a mobile phone and a knife after a police check. He claimed innocence, arguing that nothing was found in his conscious possession and that he was framed, citing a similar bail order granted to a co‑accused. The State opposed bail, highlighting the petitioner’s seven prior criminal cases. The court considered the seriousness of the offences, the petitioner’s antecedents, and the fact that he had been in judicial custody since 10‑12‑2024. It ultimately granted regular bail on a bond of Rs.10,000 with two sureties, subject to his cooperation and appearance before the trial court.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under IPC 317 and the Bihar Narcotic Substances Act.
Whether the petitioner’s criminal antecedents justify denial of bail.
Whether the recovery of a mobile phone and a knife constitutes sufficient material to refuse bail.

Legislation cited

Bihar Narcotic Substances Act — s. 3, 5
Indian Penal Code — s. 317(2), 317(4), 317(5)

Subjects

regular bail
IPC 317
Bihar Narcotic Substances Act
criminal antecedents
judicial custody
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76647 of 2025
                    Arising Out of PS. Case No.-276 Year-2024 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik Ali son of Pappu Miya @
                 Ahasanul Miyan Resident of Village- Rakba PS -Bhore District- Gopalganj
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                       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 317 (2), 317

                   (4), 317 (5) and 3/5 of the BNS.

                                3.     The case of the prosecution is that the informant

                   along with other police officials proceeded to check vehicles. At

                   that time, three persons riding a motorcycle were seen, they

                   attempted to flee but all of them were apprehended. From the

                   possession of this petitioner Infinix company mobile phone

                   without SIM and a ‘knife’ were recovered from his possession.

                                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 conscious possession of

                   this petitioner. It is further submitted that he has been framed in
            Patna High Court CR. MISC. No.76647 of 2025(3) dt.19-01-2026
                                                        2/2




                      this case only on the basis of his criminal antecedent. It is

                      contended that co-accused, namely, Afjal Ansari @ Afjal Miya

                      has been extended the privilege of bail vide order dated

                      10.12.2025 passed in Cr. Misc. No. 75108 of 2025. The case of

                      the petitioner stands on similar footing.            Moreover, the

                      petitioner is languishing in judicial custody since 10.12.2024.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail stating that the

                      petitioner has seven criminal antecedents.

                                   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 Vijayipur (Vijaypur) P.S. Case No. 276

                      of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand)

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

                      learned Judicial Magistrate, 1st Class, Gopalganj, subject to the

                      condition that the petitioner shall cooperate in the trial and shall

                      remain physically present before the trial Court each and every

                      date till the disposal of this case.


                                            (Ashok Kumar Pandey, J)
Jagdish/-
U       T

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