Saroj Miyan v. The State Of Bihar
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 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 2/3 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
Patna High Court CR. MISC. No.25021 of 2026(2) dt.01-05-2026 3/3 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