Patna High CourtCR. MISC./16518/2026allowed

Hussain Miyan v. The State Of Bihar

2026-03-17Mr. Justice Ashok Kumar Pandey2 pages

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 StationKallechak @ 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 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