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 bail in connection with Katihar Rail P.S. Case No. 70 of 2025 dated 06.04.2025, instituted for the offence punishable under Sections 123 , 62, 317(5), 317(4), 3(5) of Bhartiya Nyaya Sanhita , 2023 and Section 8 (c) and 22(a) of Narcotic Drugs and Psychotropic Substances Act , 1985 and Sections 137 , 147 of Railway Act .

3. The allegation is of recovery of total 15 tablets of Lorazepam and Ativan containing 2 mg in each tablet and a mobile from the possession of the petitioner.

petitioner is innocent and he has been falsely implicated in this been recovered from the conscious possession of the petitioner. The police did not follow Sections 42 and 50 of N.D.P.S. Act as well as Section 103(4) of B.N.S.S., 2023. The recovery of the seized articles comes within the intermediatory quantity and not comes in the purview of commercial quantity. Lastly, it has been submitted that the petitioner is in custody since 07.04.2025 having one criminal case against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has oppo