Mohit Kumar Patel @ Mohit Patel @ Mohit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39977 of 2025
                   Arising Out of PS. Case No.-439 Year-2022 Thana- RAXAUL District- East Champaran
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                 Mohit Kumar Patel @ Mohit Patel @ Mohit Kumar S/O Mahesh Prasad @
                 Mahesh Patel Resident of- Ashram Road, Raxaul, P.S.- Raxaul, District- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Kant Singh, Adv.
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

7   06-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Raxaul P.S.

                   Case No. 439 of 2022 dated 16.09.2022 registered for the offences

                   punishable under Sections 21 (b) of the Narcotic Drugs &

                   Psychotropic Substances Act.

                                3. As per the prosecution case, the informant received

                   secret information that the petitioner had stored narcotic drugs and is

                   selling the same. A raid was conducted. On seeing the police party,

                   the petitioner managed to escape. On search, 80 pieces of 100 ml.

                   Wincirex cough syrup, 120 tablet of Nitravet, 74 pieces of

                   Spascorvon Plus and Nepali currency for Rs. 2540/- were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has not been apprehended at the place of occurrence and
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          no incriminating article has been recovered from his conscious

          possession. It has further been submitted that the petitioner has

          falsely been implicated merely because he carries criminal

          antecedents of similar nature. It is next submitted that the quantity of

          codeine phosphate if calculated comes out to 60 ml., however the

          commercial quantity is 1 Kg. It has lastly been submitted that the

          petitioner has three criminal antecedents in which he is on bail and

          he is in custody since 15.04.2025. Learned counsel for the petitioner

          submits that the petitioner is ready to appear on each and every date

          fixed during the trial and shall make himself present whenever the

          trial court requires. It has further been submitted that the petitioner

          is ready if this court directs for a government servant to stand as a

          bailor apart from one immediate relative of the petitioner.

                        5. Learned A.P.P. has vehemently opposed the prayer for

          bail of the petitioner and submitted that the recovery has been made

          from the possession of the petitioner. It is evident that the petitioner

          was found to have been selling narcotic substances which is banned

          in the State of Bihar. It has further been submitted that the cough

          syrup containing codeine was recovered from the house of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and taking into account of the fact that the charges have been framed

          on 10.12.2025 and the petitioner is in custody since 15.04.2025, the
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          petitioner is directed to be released on bail on his furnishing bail

          bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned Court

          concerned, East Champaran, Motihari in connection with Raxaul

          P.S. Case No. 439 of 2022, N.D.P.S. G.R. No. 86 of 2022, subject to

          the following terms and conditions :-

                       (i) One of the bailors will be a close relative of the

          petitioner and the other bailors should be a government servant.

                       (ii) The petitioner shall remain physically present before

          the concerned Court on each and every date of the trial and shall

          cooperate in the investigation.

                       (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

          liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent of

          the petitioner and in case, at any stage, it is found that the petitioner

          has concealed his criminal antecedents, the trial court shall take

          necessary steps for cancellation of bail bond of the petitioner.

          However, the acceptance of bail bond in terms of the above

          mentioned order shall not be delayed for purpose of or in the name

          of verification.

                       (v) In view of the antecedents of the petitioner, the

          petitioner is directed to appear before the Superintendent of Police,
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                     Motihari, East Champaran within fifteen (15) days of his release

                     with a copy of this order and every two weeks thereafter for the next

                     nine months. The conduct of the petitioner with be kept under watch

                     in this period by the concerned Superintendent of Police and if it is

                     found wanting in any respect, a report shall be made to the Court

                     concerned by him to initiate a proceeding for cancellation of bail of

                     the petitioner for reasons of misuse of bail. After reporting to the

                     Superintendent of Police, a certificate will be filed by the petitioner

                     before the Court concerned.

                                  7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T