Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30815 of 2026 Arising Out of PS. Case No.-83 Year-2025 Thana- KUWARI District- Araria ====================================================== Aslam Son of Kalim Resident of Pahusi, Gariya, Ward No. 12, P.S. not given, District- Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agarawal, Sr. Advocate Mr. Saroj Kumar Choudhary, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 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 8 and 20(b) (ii)(c) of the N.D.P.S.

3. The case of the prosecution, in short, is that certain persons were carrying contraband on their head and on seeing the police, they started fleeing away and the Mahal Chowkidar disclosed that he has identified Guddu and Tasdiqque in the light of torch.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.30815 of 2026(2) dt.07-05-2026 2/3 case. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. Recovery was made from the sacks which is alleged to have thrown by the unknown persons out of which two persons were identified. The name of this petitioner has surfaced during investigation as it was found that the petitioner was of same ward and has talked over mobile phone many times with co-accused Guddu on the date of the occurrence. Petitioner is languishing in judicial custody since 17.03.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Araria in connection with Kuwari P.S. Case No. 83 of 2025 with the condition that while accepting the bail bond of the petitioner, learned trial Court will verify the antecedents as the petitioner has mentioned two criminal

Patna High Court CR. MISC. No.30815 of 2026(2) dt.07-05-2026 3/3 antecedents before learned trial Court whereas he has referred four criminal antecedents before this Court. (Ashok Kumar Pandey, J) lata/- U T