IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7750 of 2026 Arising Out of PS. Case No.-42 Year-2023 Thana- DEODHA District- Madhubani ======================================================

Md. Jahid Ali @ Jahid Rain Son of Md. Rahmat Ali R/o - Bharatpur, Virendra Bazar, District - Dhanusha, Nepal.

... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25 (1-B)a, 26 and 35 of the Arms Act and Section 8/20 b (ii), (B), 25 and

29 of the NDPS Act.

3. The prosecution case is that a country-made pistol along with live cartridges was recovered from the possession of the petitioner. In addition thereto, 2 kg of ganja is alleged to have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing was recovered from the conscious possession of the petitioner. It is further submitted that the witnesses to the seizure list are all police personnel and the policewere not followed the mandatory provisions of Section 105 of the B.N.S.S. at the time of seizure. It is further submitted that the petitioner has been falsely implicated in the present case on account of his criminal antecedents. It is further submitted that although the contraband allegedly recovered is more than small quantity, it is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dewdah (Deodha) P.S. Case No. 42 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -IV cum Special Judge, NDPS Act, Madhubani, subject to the condition that he shall cooperate in the trial, remain physically present on each and every date fixed by the court, and mark his attendance once every week at the concerned Police Station until conclusion of the trial.

(Ashok Kumar Pandey, J)

Jagdish/- U T