Subodh SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7548 of 2026
                  Arising Out of PS. Case No.-350 Year-2025 Thana- CHIRAIYA District- East Champaran
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                 Subodh Sah, aged about 37 years, (M), son of Hari Bhajan Sah, resident of
                 Village- Bikrampur, P.S.- Tiar, District- Bhojpur, Bihar
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   04-02-2026                  Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner seeks bail in connection with

                   Chiraiya PS Case No.350 of 2025 dated 09.08.2025, instituted

                   for the offence punishable under Section 111 of the Bharatiya

                   Nyaya Sanhita, 2023, and Sections 8, 17(b), 18(b) of the

                   Narcotic Drugs and Psychotropic Substances Act.

                                3. The allegation is of recovery 1.10 Kg. Opium from

                   the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from possession of the petitioner. As

                   a matter of fact, the petitioner had taken lift from the co-

                   accused, Bihari Rai, on whose motorcycle the bag containing
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          Opium like substance was kept. The petitioner had no

          knowledge about the bag containing Opium like substance.

          Further submission is that the seized Opium like substance is

          less than commercial quantity. Lastly, it is submitted that the

          petitioner is in custody since 09.08.2025 having clean

          antecedents.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the Sessions Judge/Special Judge,

          East Champaran at Motihari, in Chiraiya PS Case No.350 of

          2025, subject to the conditions (i) that the petitioner shall co-

          operate in the trial and shall be properly represented on each and

          every date fixed by the Court and on his absence on two

          consecutive dates without sufficient reason, his bail bond shall

          be cancelled by the Court below, (ii) that one of the bailors will

          be his own blood relation, preferably father, mother, brother,

          sister and or his wife, (iii) that the bailor shall also state on

          affidavit that he will inform the court concerned if the petitioner

          is made accused in any other case of similar nature after his
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                      release in the present case and thereafter the court below will be

                      at liberty to initiate the proceeding for cancellation of bail on

                      ground of misuse, (iv) that if the petitioner tampers with the

                      evidence or the witnesses, in that case, the prosecution will be at

                      liberty to move for cancellation of bail, and (v) that the

                      petitioner within two weeks from the date of his release from

                      custody shall appear before the SHO of his local area along with

                      a copy of this order and thereafter shall appear before him every

                      fortnightly to mark his attendance till the framing of charge in

                      the case by the trial Court.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T