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