IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25602 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- GALGALIYA District- Kishanganj ====================================================== Md Kalam S/o Kashimuddin R/o Dohaso, Srikrishnapur, P.s.- Islampur, Distt.- Uttardinajpur, W.B. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.NK Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-04-2026 Heard learned senior counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Galgaliya P.S. Case No. 13 of 2026, registered for the offences under Sections 8(c), 21(b), 25, 29 of the NDPS Act. 3. As per the prosecution case, on receipt of secret information about transaction of psychotropic substance, a team of SSB personnel was constituted and a trap was laid. One person came on a motorcycle and he had been waiting for someone when two persons on another motorcycle came there. Thereafter, they were surrounded and apprehended. From the bag hanging from the motorcycle of coaccused Shahid Afridi, Patna High Court CR. MISC. No.25602 of 2026(2) dt.17-04-2026 2/4 recovery of 105 grams of Morphine was made. 4. Mr. N.K. Agrawal, learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is clear that the recovery of contraband has been made from motorcycle of coaccused Shahid Afridi and not from the motorcycle of this petitioner as is shown from the seizure list. The petitioner has no concern with the coaccused or his business and nothing incriminating has been recovered from the conscious possession of this petitioner. Learned senior counsel further submits that the small quantity of Morphine has been specified as 5 grams whereas commercial quantity is 250 grams in the notification of the Government of India. The quantity of the seized contraband is of intermediate quantity. The petitioner has been made accused merely on suspicion and there is no direct evidence against the petitioner. The petitioner has clean antecedent and he is in custody since 12.02.2026. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner and other coaccused persons were apprehended from the place from where recovery of 105 grams of Morphine has been made and from the sequence of evidence Patna High Court CR. MISC. No.25602 of 2026(2) dt.17-04-2026 3/4 it is clear that the petitioner and other coaccused persons were under conspiracy and had been dealing with narcotic drugs/psychotropic substances. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and also considering recovery of intermediate quantity of contraband and further considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj/concerned court, in connection with Galgaliya P.S. Case No. 13 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other 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 three Patna High Court CR. MISC. No.25602 of 2026(2) dt.17-04-2026 4/4 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T