Irfan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42841 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Irfan Shah S/o- Sarif Shah Village- Supual PS-Akhbarpur Po- Nemdarganj District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2025 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 Rail Gaya P.S. Case No. 76 of 2025 dated 23.03.2025 registered for the offences punishable u/ss 8, 20(b), 11(b) of the NDPS Act.

3. As per the prosecution case, total 5.269 kgs. of Ganja kept in five packets was recovered from the bag 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 is less than the commercial quantity. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.42841 of 2025(2) dt.22-07-2025 2/2 para 3 of the bail petition. The petitioner is in custody since 24.03.2025.

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 circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Gaya in connection with Rail Gaya P.S. Case No. 76 of 2025, with following condition/s:- (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) guddukr/- U T