Teja Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63972 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KANGLI District- West Champaran ====================================================== Teja Miyan S/o- Hasim Miyan Resident of Vill- Jhakhra, P.S.- Gopalpur, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kangali P.S. Case No. 57 of 2025 registered for the alleged offences under Section 20(B)(ii)b, 23(b)/25/29 of NDPS Act and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, the petitioner and coaccused, Sanjeet Chaudhary, were apprehended carrying a bag which contained 3.10 kg. of Ganja and 13.8 liters of country made Nepali liquor.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that there is complete violation of the mandatory provisions of Section 103 of BNSS

Patna High Court CR. MISC. No.63972 of 2025(2) dt.23-09-2025 2/3 and Sections 52 and 52A of the NDPS Act. The alleged recovery is planted. The petitioner is neither the owner nor the driver of the vehicle in question. The co-accused, Sanjeet Chaudhary, has been granted bail by a Co-ordinate Bench vide order dated 18.09.2025 passed in Criminal Misc. No. 55762 of 2025. The petitioner is having clean antecedent and he is in custody since 09.05.2025. Charge sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet and further considering the grant of bail to co-accused, the petitioner above named is directed to 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 learned Exclusive Special Judge (NDPS), West Champaran, Bettiah/court concerned in connection with Kangali P.S. Case No. 57 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.63972 of 2025(2) dt.23-09-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T