Patna High Court
Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner, finding insufficient grounds to deny release.
Summary
The petitioner, Nilesh Kumar, was arrested in connection with an NDPS case (Sections 8 and 21(c)) after 200 grams of a narcotic substance was recovered from the pillion rider, Ravi Kumar, on his motorcycle. No contraband was found on the petitioner’s person, only his mobile phone, and he claimed he was unaware of the co‑accused’s possession. The petitioner argued that the search violated Section 50 of the NDPS Act and highlighted that the co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offence. Considering the lack of conscious possession, the petitioner’s clean record, and the procedural infirmities, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act despite the recovery of narcotics from the co‑accused.
- Whether the seizure of the petitioner’s mobile phone violated Section 50 of the NDPS Act.
- Whether the petitioner’s lack of conscious possession and clean antecedents justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 50, 8
Subjects
- bail
- NDPS Act
- conscious possession
- search and seizure
- Section 50
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19010 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Nilesh Kumar S/o Sanjay Yadav R/o Vill- Raghunathpur, Ward No. 12, P.s.- S.
Kamal, Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No.68 of 2025, arising out of Sahebpur Kamal
P.S. Case No. 286 of 2025, registered for the offence under
Sections 8/21(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. As per allegation, the petitioner, who was driving a
Pulsar motorcycle bearing registration No.BR-34W-3960, on
which pillion rider Ravi Kumar was seated and from the
possession of Ravi Kumar altogether 200 gms. of smack like
substance was recovered and from the petitioner one mobile
phone was recovered.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.19010 of 2026(2) dt.25-03-2026
2/3
submits that there happens to be no recovery from the conscious
possession of the petitioner as regards any contraband article
and only a mobile phone was recovered from the possession of
the petitioner, which he claims to be his own. Moreover, the
petitioner was not aware that co-accused Ravi Kumar was
carrying contraband article with him. The search and seizure is
in contravention to Section 50 of the NDPS Act and moreover it
has been submitted at the bar that co-accused Ravi Kumar, from
whose possession contraband article was recovered, has been
granted the privilege of bail by order dated 24.03.2026 passed
by a coordinate Bench of this Court in Cr. Misc. No. 18661 of
2026. It has been further submitted that the petitioner is in
custody since 02.10.2025 and he has got no criminal
antecedents.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Principal District & Sessions Judge, Begusarai, in connection
with N.D.P.S. Case No.68 of 2025, arising out of Sahebpur
Patna High Court CR. MISC. No.19010 of 2026(2) dt.25-03-2026
3/3
Kamal P.S. Case No. 286 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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