The court may grant bail if the evidence does not directly implicate the accused and the charges involve substances below commercial quantity.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 70 of 2025 dated 09.07.2025, instituted for the offence punishable under Sections 21 , 22 of the N.D.P.S.

Act.

3. The allegation is of recovery of 5.7 litres Codeine Phosphate & Triprolidine Hydrochloride Syrup, 384 pieces of Symdex Plus tablets and 300 pieces of Nitrazepam tablet IP 10mg (Nictor-10) from the house of Ilsad @ Irshad @ Kariya and Samim.

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 petitioner is the son of Ilsad @

Irshad @ Kariya and Samim from whose house 5.7 litres Codeine Phosphate & Triprolidine Hydrochloride Syrup, 384 pieces of Symdex Plus tablets and 300 pieces of Nitrazepam tablet IP 10mg (Nictor-10) has been recovered. The petitioner being son of Ilsad @ Irshad @ Kariya has been falsely made accused in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that charge-sheet has been submitted in this case without any F.S.L. report. The alleged recovered syrup is less than commercial quantity. Lastly, it has been submitted that the petitioner is in custody since 09.07.2025, having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 the learned Sessions Judge Cum Special Judge, N.D.P.S. Act , Araria in Jogbani P.S. Case No. 70 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case.

(Khatim Reza, J)

Sankalp/- U T