Bail granted under the Narcotic Act due to lack of substantial evidence in relation to a small quantity of narcotics.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Kishanganj P.S. Case No. 681 of 2025 dated 13.12.2025, instituted for the offence punishable under Sections Section 8 (c) and 21(b)

of Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The allegation is of recovery of 2.240 gram & 4.390 gram smack like substances from the possession of petitioner no. 1 & 2 respectively.

petitioners are innocent and they have been falsely implicated in has been recovered from the possession of the petitioners. From the seizure list, it would appear that the alleged recovery is less than small quantity. Lastly, it has been submitted that the petitioners are in custody since 14.12.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge, (NDPS Act), Kishanganj in Kishanganj P.S. Case No. 681 of 2025, as well as the following conditions:-

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

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

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused in any other case of similar nature after their 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 petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J)