Patna High Court
Nitish Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 22(c), 8(c)
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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