Patna High Court – Orders
Jawahir Mian @ Javahir Ansari vs The State Of Bihar on 27 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40570 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- MAHUAWA District- East Champaran
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Jawahir Mian @ Javahir Ansari S/o- Mohammad Hussain Mian Village-
Vindvasini Ps-Mahuawa District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv.
For the Opposite Party/s : Mr.Anil Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-06-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mahuawa P.S. Case No. 17 of 2025 instituted for the
offences under Sections 8, 20(b)(ii)(b), 23(b), 25 and 29 of
the N.D.P.S. Act.
3. As per prosecution case, the police has recovered
total 3.300 Kilogram Ganja from the dickey of the motorcycle
bearing Regd. No. BR05-8026 which was being driven by the
co-accused Firoz Alam. The police has also seized Rs.
25,550/- Indian Currency and Rs. 620/- Nepali Currency
from him.
Patna High Court CR. MISC. No.40570 of 2025(2) dt.27-06-2025
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4. Learned counsel for the petitioner submits that
the petitioner is innocent and has committed no offence as
alleged against him and has falsely been implicated in the
present case. The petitioner was not arrested on spot and, as
such, nothing incriminating has been recovered from his
conscious possession. The name of the petitioner has surfaced
in this case on the basis of the confessional statement of the
apprehended co-accused Firoz Alam. The petitioner has no
concern with the seized contraband. The recovered
contraband is below commercial quantity, and hence, Section
37 of the N.D.P.S. Act is not applicable in the present case.
There is no compliance of Sections 42 and 50 of the N.D.P.S.
Act. The petitioner has one criminal antecedent and is
languishing in judicial custody since 25.03.2025 without any
rhymes or reason. Learned counsel for the petitioner further
submits that the apprehended co-accused Firoz Alam has
already been granted bail by this Court vide order dated
12.05.2025 passed in Cr. Misc. No. 27930 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.40570 of 2025(2) dt.27-06-2025
3/3
6. Considering the aforesaid facts and
circumstances of the case, the period of custody undergone
by the petitioner as also the prayer for bail being based on
parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
below/concerned Court in connection with Mahuawa P.S.
Case No. 17 of 2025.
(Rudra Prakash Mishra, J)
rishi/-
U T