Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.
Summary
Petitioner Nitish Kumar was arrested after police claimed to have recovered 100.70 grams of heroin from his left pocket in a case under sections 8(c) and 21(b) of the NDPS Act. He contended that he was innocent and that the seizure violated procedural safeguards, specifically the non‑compliance of Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act during the search. The petitioner had been in judicial custody since 1 November 2025 and argued that the quantity seized, though more than a small quantity, was far below commercial quantity, warranting bail. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the procedural objections and the fact that the amount was not commercial, and consequently ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is less than commercial quantity.
- Whether non‑compliance of Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act during seizure/search justifies granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 8
Subjects
- bail
- NDPS Act
- drug trafficking
- procedural violation
- seizure
- small quantity
- commercial quantity
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20775 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- Patarghat District- Saharsa
======================================================
Nitish Kumar son of Late Ravindra Yadav Resident of village- Maharajganj,
Ward no. 15, Ps- Arar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c) and
21(b) of the N.D.P.S. Act.
3. The case of the prosecution is that altogether
100.70 grams of heroin like substance was recovered from the
left pocket of this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Nothing has been recovered
from the possession of this petitioner. Learned counsel for the
petitioner has submitted that while making seizure, Section 105
of B.N.SS. has not been complied and the seizure list witnesses
Patna High Court CR. MISC. No.20775 of 2026(2) dt.02-04-2026
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are police personnel. He has also submitted that Section 50 of
the NDPS Act has not been complied while making search the
body of the petitioner. It has also been submitted that though the
quantum of the contraband which has been recovered from the
possession of this petitioner is more than small quantity but is
much less than commercial quantity. Moreover, he is
languishing in judicial custody since 01.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Patarghat P.S. Case No. 135 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-Special
Judge, Saharsa.
(Ashok Kumar Pandey, J)
shubham/-
U T
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