IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51010 of 2008 Raghubir Sao, son of Late Doman Sao, resident of Village-Bihari Road, P.S.- Hilsa, District- Nalanda. ----Petitioner. -Versus- The State of Bihar……………………………………Opposite Party. ----------- 2. 10.02.2009. Heard the learned counsel for the petitioner and counsel appearing on behalf of the State. Learned counsel appearing for the petitioner submits that the petitioner is aged about 85 years old. The quantity recovered is below commercial quantity and mandatory provision of Section 50 of N. D. P. S. Act has not been observed. In that context, my view is that it is not the stage to scrutinize whether the provision of Section 50 is observed or not. Moreover, quantity recovered is more than small quantity. In that case considering the age of the petitioner he does not deserve for bail. Petitioner’s prayer for bail is rejected. U.K. (Mandhata Singh,J)