For the Petitioner/s : Mr. Madan Mohan, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 19-01-2026 Heard Mr. Madan Mohan, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

03.10.2025 in connection with Jogbani P.S. Case No. 52 of 2025, F.I.R. dated 24.04.2025 for the offences punishable under Sections 21 , 22 of the Narcotic Drugs & Psychotropic Substance Act, 1985.

3. Recovery is of 40 gram of smack.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his name transpired on the basis of confessional statement of co- accused person, namely, Chandu Kumar. It appears from the FIR and seizure list that recovery has been made from the possession of said Chandu Kumar and nothing has been recovered from the concisous possession of the petitioner. He further submits that there is non-compliance of the mandatory provision of Sections