The court grants bail when no direct evidence of possession or control over contraband is established against the accused.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in Athmalgola P.S.

Case No. 290 of 2025 dated 16-08-2025 registered under Sections 21 ( C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 and Sections 276 , 277 & 278 of the Bharatiya Nyaya Sanhita , 2023.

3.As per the prosecution case, 1050 bottles (105 litres)

of Eskuf cough syrup are alleged to have been recovered from a CNG auto in which three persons were present, including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is further submitted that no contraband was recovered from the conscious possession of the petitioner; rather, the alleged Eskuf cough syrup was recovered from the tempo. It is further submitted that neither the driver nor the owner of the tempo has been arrayed as an accused in the present case. Learned counsel also submits that one of the co- passengers, namely Anita Devi, has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 14-10-2025 passed in Cr. Misc. No. 70969 of 2025. The petitioner has been in judicial custody since 17-08-2025 and has no criminal antecedents. It is further submitted that the charge sheet has already been submitted in the case.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

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/Special Judge NDPS Patna, in connection with Athmalgola P.S. Case No. 290 of 2025.

7. The application stands allowed.

(Khatim Reza, J)