The bail may be granted when the quantity of the alleged controlled substance is below the commercial threshold and the accused have no prior criminal records.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for of 2025 registered under section 111 (2) of the Bhartiya Nyaya Sanhita, 2023 and sections 8, 23(c), 20 (b)(ii)(C), 25 and 29 of the N.D.P.S. Act .

3. As per the prosecution case, 14 kgs each of ganja was recovered from the possession of two petitioners herein.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. They have no criminal antecedent and are in custody since 26.5.2025. Charge-sheet has been submitted in the case. Co- accused Naval Prasad Yadav has been enlarged on bail vide order dated 12.12.2025 passed in Cr. Misc. no.84037 of 2025.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners, the ganja recovered having been said to be much below the commercial quantity, the petitioners having remained in custody since 26.5.2025, charge-sheet having been submitted in the case and especially the petitioners not having any criminal antecedent, both the petitioners are directed to be enlarged on of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari.

(Partha Sarthy, J)