IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23534 of 2025 Arising out of PS. Case No.-7 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== Shamsuddin Momin, S/o Ajimuddin Momin, R/o Village- Nayagram, Ma- heshpur, P.S.- Kaliachak, District- Maldah (West Bengal). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s: Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 13-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state. 2. The petitioner seeks bail in connection with Laukahi P.S. Case No. 07 of 2025 (G.R. No. 02 of 2025) insti- tuted for the offences under Sections 8, 21 and 22 of the NDPS Act. He has no criminal antecedent. 3. The allegation upon the petitioner is that he was ap- prehended by the police during patrolling along with one other co-accused, Md. Mistar and it is stated that 100 gramms of brown sugar was recovered from the pocket of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the allegation of recovery of 100 gramms brown sugar has been levelled against the petitioner and from the perusal of Patna High Court CR. MISC. No.23534 of 2025(2) dt.13-05-2025 2/4 the seizure-list it would be evident that the mandatory provision of Section 50 as well as Section 42 of NDPS Act has not been followed. It is further submitted by learned counsel for the peti- tioner that from the seizure-list it is evident that only one motor- cycle has been shown to have been recovered from the peti- tioner. It is also submitted by learned counsel for the petitioner that no incriminating article has been recovered from the con- scious possession of the petitioner and commercial quantity of brown sugar happens to be 250 gramms. It is lastly submitted by learned counsel for the petitioner that the petitioner has no crim- inal antecedent and is in custody since 13.01.2025. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner has been apprehended with contraband substance as such he should not be released on bail. 6. Considering the aforesaid submissions of respec- tive counsel and taking into account the fact that from the seizure-list it does not appear that the brown sugar was recov- ered from the pocket of the petitioner and also taking into ac- count that the recovered quantity is lesser than the commercial quantity and the petitioner has clean antecedent and is in cus- tody since 13.01.2025, the petitioner above named, is directed to Patna High Court CR. MISC. No.23534 of 2025(2) dt.13-05-2025 3/4 be released on bail on furnishing bail-bond of Rs. 10,000/- (Ru- pees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Principal Sessions Judge, Madhubani (or his successor) in connection with Laukahi P.S. Case No. 07 of 2025 (G.R. No. 02 of 2025), subject to the the following conditions:- (i) One of the bailors will be a 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 con- secutive 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) 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 crim- inal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. Patna High Court CR. MISC. No.23534 of 2025(2) dt.13-05-2025 4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be de- layed for purpose of the same or in the name of verification. Vikash/- (Sourendra Pandey, J) U T