Bail granted with conditions, emphasizing procedural adherence and guarantees against misuse.

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 Shivsagar P.S. Case No. 291 of 2025, dated 05-09-2025 instituted for the offence punishable under Sections 8 ( c), 21(b), 22, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The allegation is of recovery of 42 gram of heroine -like substance from the pocket of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no contraband has been recovered from the conscious possession of the petitioner. The seizure list has been prepared in violation of Section 50 of the N.D.P.S. Act. The seized illicit article is more than the small quantity but much below the commercial quantity. It is also submitted that the petitioner has only one criminal case pending against him under the provisions of the Bihar Prohibition and Excise Act, in which he is already on bail and he has been in judicial custody since 06.09.2025.

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

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- Rohtas at Sasaram, in connection with Shivsagar P. S. Case No. 291 of 2025, subject to the following conditions: (i) that the 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, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that 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 (iv) that 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 and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J)