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Patna High Court

Nitish Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Nitish Kumar Sah, applied for bail in a case registered under Sections 8(c), 20(b)(ii) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 91 grams of smokeless tobacco (smack) was allegedly recovered. The prosecution alleged that the contraband was found in the petitioner’s possession, while the petitioner’s counsel argued that the seizure was made from an open house, that the seized items were not in his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances (BNSS) Act during the seizure. The petitioner also highlighted his lack of prior criminal record and that he had been in judicial custody since 31‑01‑2026. The State opposed the bail on the ground of the nature of the offence and the quantity involved. After considering the facts, the court found the arguments on procedural lapse and the petitioner’s clean record persuasive and ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted in an NDPS case involving 91 g of contraband.
  • Whether the seizure complied with Section 105 of the BNSS Act.
  • Whether the alleged possession of the seized material by the petitioner is established.
  • Whether the petitioner’s lack of prior criminal antecedents warrants bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • seizure procedure
  • Section 105 BNSS
  • possession
  • quantity of narcotics
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20712 of 2026
                          Arising Out of PS. Case No.-44 Year-2026 Thana- PALASI District- Araria
                 ======================================================
                 Nitish Kumar Sah Son of Vinod Sah Resident of Village - Kaliaganj, Ward
                 No. 09, P.S. - Palasi, District - Araria.
                                                                          ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Palasi P.S. Case No.44 of 2026 registered for the offence

                   punishable under Sections 8(c), 20(b)(ii) & 22(c) of the N.D.P.S.

                   Act.

                                 3. The case of the prosecution, in short, is that from

                   the possession of this petitioner, 91 gm of smack was recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the recovery was made from an

                   open house. It has further been submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel

                   for the petitioner has further submitted that the witnesses of the

                   seziure list are police personnel and police has not complied

                   Section 105 of the BNSS while making seizure. It has further
            Patna High Court CR. MISC. No.20712 of 2026(2) dt.01-04-2026
                                                        2/2




                      been submitted that the alleged recovery of contraband is

                      though more than small quantity but is much less than

                      commercial quantity. Learned counsel has further submitted that

                      the petitioner is having no criminal antecedent and he is in

                      judicial custody since 31.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Sessions Judge-cum-Special Judge, NDPS Act, Araria in

                      connection with Palasi P.S. Case No.44 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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