Neyaz Nabi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19411 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Neyaz Nabi Son of Late Sahadat Miyan Resident of Village- Dumariya Tola, Ward No. 01, P.S.- Haraiya, Distt- Est Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Haraiya P.S. Case No. 26 of 2024 dated 03.11.2024 registered for the offences punishable under Sections 8(c), 20(b), (2)(b), 22(b), 24 and 29 of the Narcotic Drugs and Psychotropic Substance Act.

3. As per the prosecution case, total 134 gram smack (Brown Sugar) was recovered from the plastic allegedly thrown by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted against the petitioner. The seized contraband is less than the commercial

Patna High Court CR. MISC. No.19411 of 2025(3) dt.23-04-2025 2/2 quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated at para 3 of the bail petition. As per impugned order dated 31.01.2025, the petitioner is in custody since 04.11.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Haraiya P.S. Case No. 26 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T