IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4681 of 2026 Arising Out of PS. Case No.-4 Year-2025 Thana- SEMAPUR District- Katihar ====================================================== 1. Md. Yasin, Son of Late Abdul Taiyab, R/o Tengaria, P.S. - Semapur, Distt. - Katihar. 2. Md. Sharif, Son of Md. Yasin, R/o Tengaria, P.S. - Semapur, Distt. - Katihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 02-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Semapur P.S. Case No. 04 of 2025 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act. 3. The case of the prosecution, in short, is that while the police was conducting raid, they observed two bikes approaching rapidly from the direction of Tengaria village. As soon as the occupants of the bikes scouted the police, they turn their bikes around and fled towards Tengaria. The police chased the two bikers. After short distance, both drove their bikes into the courtyard of a house and taking advantage of the darkness Patna High Court CR. MISC. No.4681 of 2026(2) dt.02-02-2026 2/3 managed to escape. At that moment, they saw that a person removing a bag from one of the parked bikes. Upon seeing the police, the person became nervous. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Petitioner no. 1 is the person who is alleged to have removing the bag from the bike and petitioner no.2 is his son who is alleged to have parked the bike. Learned counsel for the petitioner has submitted that as far as the petitioner no. 1 is concerned, only allegation against him is that he was removing the bag from the bike. It has further been submitted that even the petitioner no.1 was not knowing as to what was there in the bike. It has also been submitted that main thrust of allegation is against petitioner no.2 who according to the case of the prosecution was carrying the bag on his bike. Petitioners are having no criminal antecedent and they are languishing in judicial custody since 10.10.2025. 5. Learned APP appearing for the state has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner no. 1, namely, Md. Yasin on Patna High Court CR. MISC. No.4681 of 2026(2) dt.02-02-2026 3/3 bail. The above named petitioner no.1 is directed to be released on bail in connection with Semapur P.S. Case No. 04 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, Katihar. 7. So far as petitioner no.2 namely, Md. Sharif is concerned, since there is direct allegation against him of carrying 25.604 kg of ganja from two bikes, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected. 8. However, petitioner no. 2, namely, Md. Sharif may renew his prayer for bail after six months, if the trial is not concluded. lata/- (Ashok Kumar Pandey, J) U T