IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83500 of 2025 Arising Out of PS. Case No.-226 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Noor Mohammad Sah S/o- Zakir Hussain Resident of village-Sangrampur Ward No- 06 PS-Sonbarsa Distt- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ayush Kumar, Advocate Mr. Bhuwan Jayant, Advocate Mr. Ranjeeta Singh, Advocate For the Opposite Party/s : Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 20-02-2026 Heard Mr. Ayush Kumar, learned counsel for the petitioner, Mr. Nityanand Tiwari, learned APP for the State and perused the case diary. 2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 226 of 2025, instituted for the offences punishable under Sections 317(2), 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 30(a) of the Bihar Prohibition and Excise Act and Section 21(b) of the NDPS Act. 3. Prosecution allegation, in short, is that there is recovery of 120 capsules of SPASMO PROXYVON PLUS of 50 mg each, 408 capsules of AS-SPA-PRO of 50 mg each and 3480 tablets of NITRAVET-10 of 10 mg each were found and Patna High Court CR. MISC. No.83500 of 2025(3) dt.20-02-2026 2/4 50.1 liters of liquor was recovered from the back side of his house. It is further alleged that two stolen motorcycles have been recovered from his house. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the alleged recovery has been recovered from the joint house of the petitioner where other family members also reside. It is further submitted that the motorcycles are not stolen rather the same has been registered on the name of the father of the petitioner. The petitioner is in custody since 28.07.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and has filed a counter affidavit in the matter. As per paragraph no. 6 of the counter affidavit, learned APP for the State has stated that 120 capsules of SPASMO PROXYVON PLUS of 50 mg each along with 408 capsules of AS-SPA-PRO of 50 mg each Patna High Court CR. MISC. No.83500 of 2025(3) dt.20-02-2026 3/4 contains total 26.4 gm of Tramadol and 3480 tablets of NITRAVET-10 of 10 mg each contains 34.8 gm of Nitrazepam. It is further submitted in paragraph 8 of the counter affidavit that the seized contraband is below commercial quantity. 6. In view of the above, learned counsel for the petitioner further submits that the recovered contraband is below the commercial quantity and, hence, Section 37 of the NDPS Act is not applicable in the present case. 7. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 226 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. Patna High Court CR. MISC. No.83500 of 2025(3) dt.20-02-2026 4/4 (III) The petitioner will not tamper with the evidence or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T