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2026 DAILYLAW 16731 (PAT)

Md. Irshad v. The State of Bihar

CR. MISC./29188/2026 · 2026-05-06

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29188 of 2026 Arising Out of PS. Case No.-361 Year-2025 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md. Irshad, son of Md. Habibur Rahman, Resident of Babu Tola, Sadhuvely (sadhauli), PS -Kasba, District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with K. Hat P.S. Case No. 361 of 2025 dated 02.09.2025 instituted for the offence punishable under Sections 21(c) of the N.D.P.S. Act. 3. Allegation is of recovery of total 9.900 litre Codine Phosphate & Triprolidine Hydorchloride Syrup from a motorcycle bearing Reg. No. BR11BL6911. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered Patna High Court CR. MISC. No.29188 of 2026(2) dt.06-05-2026 2/2 from the conscious possession of the petitioner. The petitioner has been made accused in this case only on the basis that he is owner of the said motorcycle. It is further submitted that the seized Codeine Syrup is less than commercial quantity. Lastly, it has been submitted that petitioner has no criminal antecedents. 5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with K. Hat P.S. Case No. 361 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea subject to condition as laid down under Section 482(2) of the B.N.S.S. premchand/- (Khatim Reza, J) U T