Faiyaj @ Ayiyaj @ Ayiyaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27578 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- NAKARDEI District- East Champaran ====================================================== Faiyaj @ Ayiyaj @ Ayiyaj Alam S/o Gayasuddin Miyan @ Gyasudin Hussain R/o Village - Sirisiya Mal, P.S. - Nakardei, Dist. - East Chamapran, Bihar, 845305.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohd Rustam Hussain For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2026 Heard the learned counsel for the petitioner and learned APP for the State through Virtual Mode.

2. The petitioner seeks regular bail in connection with Nakardei P.S. Case No. 04 of 2026 registered for the offence under Section(s) 8(c), 21(b), 25 and 29 of the NDPS Act.

3. As per the prosecution case, 8.42 grams of smack and 20,050 Nepali rupees were allegedly recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 14.01.2026. It is further submitted that the petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) to a charitable

Patna High Court CR. MISC. No.27578 of 2026(2) dt.28-04-2026 2/3 organization, without prejudice to his defence and without admitting guilt.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that the petitioner has three criminal antecedents.

6. Considering the aforesaid facts and circumstances, the nature of allegation and the period of custody, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) 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 Nakardei P.S. Case No. 04 of 2026 subject to conditions that:- (i). The petitioner shall deposit a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar, and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.

(ii). The petitioner will mark his attendance at the Nakardei Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the

Patna High Court CR. MISC. No.27578 of 2026(2) dt.28-04-2026 3/3 petitioner.

(iii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(iv) The petitioner shall not involve himself in any criminal activity in the future. In the event if he is found to be involved in any case under the NDPS Act or the Excise Act in the future, his bail bonds shall automatically be cancelled.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T