Iliyas Miyan @ Ilayas @ Md Eliyas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35972 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- NAKARDEI District- East Champaran ====================================================== Iliyas Miyan @ Ilayas @ Md Eliyas S/o Chaulahi Miyan @ Sheikh Chulahi R/o Vill- Sirisiyamal, P.O.- Nonia, Noneyadih, P.S.- Nakaradei, Distt- East Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohd Rustam Hussain, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with Nakerdei P.S. Case no. 24 of 2025 instituted for the offence under Section 111 of the BNS, 2023 and under Section 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS) Act.
3. The case of the prosecution is that the police received information that two accused persons on a bike are carrying brown sugar. On chase, one co-accused, namely, Bablu Kumar was apprehended and 156 G.Ms of the brown sugar was recovered.
Patna High Court CR. MISC. No.35972 of 2025(2) dt.20-06-2025 2/3
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has come on the basis of the confessional statement of co-accused, Jakir Hussian. Nothing has been recovered from the possession of the petitioner. It is also submitted that the said Jakir Hussian has named five persons out of which one, Chhatu Sah has been extended the privilege of bail vide order dated 22.05.2025 passed in Cr. Misc. No. 33971 of 2025 by a co-ordinate Bench of this Court. The case of the petitioner stands on similar footing and the petitioner is having no criminal antecedent.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nakardi P.S. Case no. 24 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.35972 of 2025(2) dt.20-06-2025 3/3 satisfaction of learned Sessions cum Special Judge, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Jagdish/- U T