Court addressed bail legality in cases with seizure and independent witness requirements.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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

2. The petitioner seeks bail in connection with Punaura P.S. Case No. 231 of 2025 dated 27.10.2025, instituted for the offence punishable under Sections 111 , 308(4) of the Bharatiya Nyaya Sanhita , Sections 25(1-B)a, 26, 35 of the Arms Act and Sections 8 , 20(b)(ii)(B) of the NDPS Act .

3. The allegation is of recovery of 110 gms Charas like substance, a country made pistol and three live cartridges concealed beneath the tree on the disclosure made by the petitioner.

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 the seizure list was prepared on

27.10.2025 at 01:04 am but the FIR was lodged on the same date at 02.20 am i.e. after preparation of seizure list but still the seizure report contains FIR number which means that the seizure memo is a tabled report prepared in the police station itself. There is no independent witness to the seizure list, which is against the provision of N.D.P.S. Act. It is next submitted that the seized Charas like substances is slightly above the small quantity and much less than the commercial quantity. Lastly, it has been submitted that the petitioner is in custody since 27.10.2025, having six criminal cases against him 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 Special Judge ( NDPS Act ), Sitamarhi in Punaura P.S. Case No. 231 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)