Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47095 of 2025 Arising Out of PS. Case No.-207 Year-2024 Thana- R S P.S. District- Araria ====================================================== Md. Shahabuddin S/O Late Md. Nuroodin R/O Village- Cherrapatti, Ward No. 9, P.S- Bhargama, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2025 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 Araria P.S. Case No. 207/2024 dated 26.12.2024 registered for the offence punishable u/s 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, on seeing police, three miscreants riding on the two motorcycles started fleeing away but they were apprehended. On search, total 28 grams smack was recovered from the two motorcycles kept beneath the seat of both the motorcycles.

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 commercial

Patna High Court CR. MISC. No.47095 of 2025(3) dt.22-09-2025 2/3 quantity. The petitioner has no concern with the alleged recovery. The other co-accused person has been granted regular bail by this court vide order dated 21.04.2025 passed in Cr. Misc. No. 18430/2025. The petitioner has eight antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Araria in connection with Araria P.S. Case No. 207/2024, with the conditions:- (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 bonds of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

Patna High Court CR. MISC. No.47095 of 2025(3) dt.22-09-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T