Patna High Court
Jahur Miya @ Jahur BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner as the court found no direct possession and no antecedent, allowing his release on bond.
Summary
Jahur Miya was arrested in connection with a case involving the recovery of 20 bottles of codeine‑based cough syrup from the motorcycle of co‑accused Uttam Giri. The petitioner contended that the seized syrup was not in his conscious possession and that his name appeared only in the co‑accused's statements; he also had no prior criminal record and had been in custody since 15‑Oct‑2025. The Additional Public Prosecutor opposed bail. The court examined the facts, noting that bail had already been granted to co‑accused Amar Patel and that the petitioner’s involvement appeared minimal. Considering the lack of direct possession, the absence of antecedents, and the circumstances, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act when the seized narcotic substance was not found in his conscious possession and he has no prior criminal record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(C), 23(C), 29
Subjects
- bail
- NDPS Act
- codeine
- drug possession
- criminal antecedent
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Jahur Miya @ Jahur Baitha, aged about 30 years, (M), son of Late Nathu
Baitha @ Nathu Miya, resident of village- Tumriya Tola, Nepali Station,
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. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Haraiya PS Case No.115 of 2025 dated 21.09.2025 giving rise
to NDPS GR Case No.130 of 2025, instituted for the offence
punishable under Sections 21(C), 23(C), 29 of the NDPS Act.
3. The allegation is of recovery of 20 bottles each of
100 ml. Codeine based cough syrup, namely, ONEREX Cough
syrup from the bag hanging on the motorcycle of the co-accused
of Uttam Giri.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. The name of the petitioner has surfaced in the
Patna High Court CR. MISC. No.79 of 2026(2) dt.15-01-2026
2/2
statement of the co-accused, who were apprehended at the spot.
The cough syrup was recovered was recovered from the
possession of Amar Patel and Uttam Giri and co-accused, Amar
Patel, has been granted bail by this Court vide order dated
19.11.2025 passed in Cr. Misc. No.79222 of 2025. Lastly, it is
submitted that the petitioner is in custody since 15.10.2025
having no criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Sessions Judge/
Special Juge, East Champran, Motihari, in Haraiya PS Case
No.115 of 2025 giving rise to NDPS GR Case No.130 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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