IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32336 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1. Pawan Kumar Yadav S/O Motilal Yadav R/O Vill.- Sirsha Chowk, P.s.- Mufassil, Dist.- Katihar. 2. Kaila Sada S/O Late Jagdev Sada R/O Vill.- Sirsha Chowk, P.s.- Mufassil, Dist.- Katihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anshuman Jaipuriyar, Adv For the Opposite Party/s : Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 19-05-2025 Heard learned counsel for the petitioners and the learned APP for the State. 2. The prayer has been made by the petitioners for grant of regular bail in connection with Muffasil P.S.Case No. 278 of 2024 registered under sections 8 (b), 20(c) of NDPS Act and section 25(1-b)a, 26,35 of the Arms Act. 3. The prosecution case is based on a secret information, the police raided the house of one Kaila Sada and apprehended four persons including the petitioners. In course of search some articles were recovered including the firearms and smack weighing 3.40 gm wrapped in a plastic. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.32336 of 2025(2) dt.19-05-2025 2/3 nothing was recovered from the physical and conscious possession of the petitioner as the entire procedure of search and seizure was violated of the mandatory provisions of the Cr. P.C as also the provisions of NDPS Act. Taking the prosecution case to be true the recovery from the petitioner No.1, Pawan Kumar yadav is that of one country made pistol and one magazine with five bullets whereas the recovery from kaila Sada is 3.40 gm of smack which is less than small quantity and hence, in such circumstances section 37 of the NDPS Act will also not be applicable in the present case. Some of the other co- accused persons have already been granted bail vide order dated 05.02.2025 passed in Cr. Misc. No.1557 of 2025 and 17.04.2025 passed in Cr. Misc No. 20719 of 2025. The petitioners are in custody since 01.12.2024 and they have no criminal antecedent. 5. Considering the facts and circumstances of the case, let the above named petitioners are enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Muffasil P.S.Case No. 278 of 2024, subject to following conditions:- (i) One of the bailors shall be own/ close member of the family of the petitioners. Patna High Court CR. MISC. No.32336 of 2025(2) dt.19-05-2025 3/3 (ii) The petitioners shall co-operate in the trail and shall remain present on each and every date fixed at the trial till the framing of charge. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioners. N.K/- (Soni Shrivastava, J) U T