Manir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44416 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Manir Alam S/o Muslim Mian @ Muslim Ansari R/o Village- Ekderwa, P.S.- Paharpur, District- East Champaran, Motihari ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Suraj Kumar Tiwari For the Opposite Party :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case No. 36 of 2025/ CIS No. 36 of 2025 arising out of Paharpur P.S. Case No. 09 of 2025 dated 06.01.2025 registered for the offences punishable u/s 111 of the BNS, Sections 25(1-B) (a), 26, 35 of the Arms Act and sections 8, 20(b) (ii) (B) of the NDPS Act.
3. As per the prosecution case, a SIT team reached the house of the co-accused, Ujjawal Pandey for the investigation of a case bearing Govindgnaj P.S. Case No. 02 of 2025 and at the instance of the co-accused, Ujjawal
Patna High Court CR. MISC. No.44416 of 2025(2) dt.03-09-2025 2/3 Pandey, police apprehended another three accused persons, namely, Babar Azam, Abhimanyu Kumar and Manir Alam. It is further alleged that at the instance of the co-accused Babar Azam, total 700 gm. of Charas, a country made katta and two live cartridges were recovered. Further, a mobile phone and a motorcycle was recovered from the courtyard of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband has not been recovered from the possession of the petitioner. The said recovery was made from the possession of the co-accused Babar Azam. The other co-accused person has already been granted bail by this court vide order dated 18.06.2025 passed in Cr. Misc. No. 35830/2025. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who had no valid authorization for keeping the said contraband.
6. Considering the aforesaid facts and
Patna High Court CR. MISC. No.44416 of 2025(2) dt.03-09-2025 3/3 circumstances of the case as well as the period of custody, the petitioner above-named, 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, Motihari in connection with NDPS Case No. 36 of 2025/ CIS No. 36 of 2025 arising out of Paharpur P.S. Case No. 09 of 2025, 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 bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T