IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78522 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Nitish Kumar S/O Binod Rai Village Pranpur, P. S. Tisiauta, District Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Muskan Singh, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 09-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Simri Bazar P.S. Case No. 277 of 2024 instituted for the offences under Sections 8(c), 21(c), 22(c), 29 and 35 of the NDPS Act. 3. This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 618 of 2025 taking into consideration that the recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the NDPS Act. 4. Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 24.10.2024 Patna High Court CR. MISC. No.78522 of 2025(3) dt.09-01-2026 2/2 without any rhymes or reason and has got no criminal antecedent. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that total 720 liters of Eskuf cough syrup and 540 Kg of Soyabean have been recovered. It is further submitted that constituents of codeine in 720 liters of cough syrup comes to about 1.440 Kg, which is above the commercial quantity, hence, there is bar under Section 37 of the NDPS Act. 6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the NDPS Act. 7. In view of the above, the prayer for bail of the petitioner is again rejected with a direction to the court below to expedite the trial. Rajorshi/- (Rudra Prakash Mishra, J) U T