Bail granted under N.D.P.S. Act due to possession below commercial quantity and absence of prior criminal record.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 03-12-2025 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. Bhart Bhushan, learned APP representing the State.

2. The petitioner is in custody in connection with Kanhauli P.S. Case No. 131 of 2025 for the offence punishable under sections 8 and 20(b)(ii)(B) of the N.D.P.S. Act , lodged on

05.09.2025 by the informant, Suresh Kumar.

3. As per the prosecution story, the Police on secret information signaled a motorcycle which was coming inside the Indian Territory, though the motorcycle wanted to escape, it was apprehended and 5.3 Kg Ganja recovered/seized. This led to the F.I.R./arrest.

4. Learned counsel for the petitioner submits that the Police falsely implicated him assigning the said ganja, he has no criminal antecedent, is in custody since 06.09.2025 in any case, recovered/seized material is below the commercial quantity.

5. Learned APP opposes the prayer for bail though concede that it is below the commercial quantity.

6. Taking into account the aforesaid facts as also that the petitioner has no criminal antecedent, is in custody since 06.09.2025 and the recovered/seized material is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge- cum-Special Judge (NDPS Act), Sitamarhi, in connection with Kanhauli P.S. Case No. 131 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)