IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5214 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1. Dholan Choudhary Son of Late Ramdev Choudhary Resident Of Village -Chhoti Marai, PS- Indusrial Area, Hajipur, Distt.- Vaishali 2. Amit Kumar Son of Dholan Chaudhary Resident Of Village -Chhoti Marai, PS- Indusrial Area, Hajipur, Distt.- Vaishali 3. Prince Kumar Son of Dholan Chaudhary Resident Of Village -Chhoti Marai, PS- Indusrial Area, Hajipur, Distt.- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivjee Singh, Adv For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 6 04-07-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State. 2. The petitioners seek regular bail in a case registered for the offences punishable under Sections 22(c) and 29 of the N.D.P.S. Act. 3. As per the prosecution case, the informant got secret information that some narcotics drugs were being sold in the house of the petitioners. For verification of the same, the informant reached there and conducted a raid. On being searched, total 1720 ampoules of Avil Injection (2 ml each), 30 Patna High Court CR. MISC. No.5214 of 2025(6) dt.04-07-2025 2/4 ampoules of Zepine Injection and 300 ampoules of unlabelled injections were recovered from the house of the petitioners. 4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case and no such narcotic substances as alleged have been recovered from their possession. It is further submitted that there are discrepancies in the averment made in the FIR vis-a-vis the seizure list where 300 pieces of unlabelled injection are stated to have been recovered, however, from the seizure list it would appear that only 30 pieces of unlabelled injection were recovered. It is next submitted that in Paragraph Nos. 7 and 8 of the counter affidavit, it has been categorically stated that the first two seized substances, i.e., Avil Injection and Zepine Injection do not fall within the purview of the N.D.P.S. Act. Learned counsel for the petitioners draws the attention of this Court to the fact that there is no averment with regard to the unlabelled injection which was seized by the police. It is lastly submitted that the petitioners have clean antecedent and are in custody since 24.10.2024. 5. Learned APP for the state has vehemently opposed the prayer for bail and has stated that the petitioners were apprehended with narcotic substance. Patna High Court CR. MISC. No.5214 of 2025(6) dt.04-07-2025 3/4 6. Considering the aforesaid submissions of the parties and taking into account the averment made in the counter affidavit as well as the period of custody, let the petitioners above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 155 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond. (v) The learned 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 antecedent, 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. Patna High Court CR. MISC. No.5214 of 2025(6) dt.04-07-2025 4/4 7. The application stands allowed. Jyoti/- (Sourendra Pandey, J) U T