Bail may be granted under the N.D.P.S. Act if the contraband involved is below the commercial quantity and the petitioner has no prior criminal record.

For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 19-01-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

26.09.2025, in connection with Harlakhi P.S. Case No. 276 of 2025, G.R. No. 88 of 2025, F.I.R. dated 25.09.2025 registered for the offences punishable under Sections 20 /22 of the N.D.P.S.

Act.

3. The case relates to recovery of 39 bottles of Onerex cough syrup (100 ml each), 22 capsules of Spasmo-Proxyvon Plus and 23 tablets of I-SPA Pro.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. Although, some contraband has been recovered from the bicycle of the petitioner but there is non-compliance of mandatory provisions of N.D.P.S. Act and the recovered contraband is less than the commercial quantity and there is no embargo of Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 26.09.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani in connection with Harlakhi P.S. Case No. 276 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 shall remain physically present as directed 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) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)