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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail and ordered his release on bail.

Summary

The petitioner, Nitesh Kumar, was arrested in connection with a case registered under sections 20(b)(ii)(B) of the NDPS Act, section 111 of the Bihar Narcotic Substances Act, and sections 25(1‑B)a, 26 and 35 of the Arms Act. The police seized a mobile phone from the petitioner but recovered 4.31 kg of ganja from a co‑accused who was riding the same bike. The petitioner contended that he was innocent, that no contraband was found on his person, that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act, and that the quantity seized was far below commercial levels; he also highlighted his clean record and his continued judicial custody since 26‑12‑2025. The State opposed the bail application. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court‑II, NDPS, Muzaffarpur.

Issues considered

  • Whether regular bail can be granted in a case involving offences under the NDPS Act, Bihar Narcotic Substances Act and the Arms Act.
  • Whether the seizure of the mobile phone and the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act affect the bail decision.
  • Whether the quantity of narcotic seized (4.31 kg) constitutes a commercial quantity warranting denial of bail.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Bihar Narcotic Substances Act
  • Arms Act
  • seizure compliance
  • quantity of narcotics
  • judicial custody
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32877 of 2026
                     Arising Out of PS. Case No.-229 Year-2025 Thana- Bariyarpur District- Muzaffarpur
                 ======================================================
                 Nitesh Kumar S/O Ram Dayal Singh R/O Village- Parsauniya, P.S.- Mahua,
                 District- Vaishali.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party/s :         Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   14-05-2026                      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 20(b)(ii)(B)

                   of the N.D.P.S. Act, Section 111 of BNS and Sections 25(1-B)a,

                   26 and 35 of the Arms Act.

                                3. The case of the prosecution is that three persons were

                   intercepted by the police and it is alleged that from the possession

                   of this petitioner, only a mobile has been recovered whereas the

                   third persons who was sitting on that bike and from his

                   possession, altogether 4.31 kg of ganja was recovered.

                                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. Learned counsel for the
            Patna High Court CR. MISC. No.32877 of 2026(2) dt.14-05-2026
                                                        2/2




                      petitioner has submitted that nothing has been recovered from the

                      possession of this petitioner. It has further been submitted that

                      while making seizure, Section 105 of B.N.SS. has not been

                      complied and the seizure list witnesses are police personnel. It has

                      also been submitted that though the quantum of the contraband

                      which has been recovered is more than small quantity but is much

                      less than commercial quantity. Petitioner is having no criminal

                      antecedent. Moreover, he is languishing in judicial custody since

                      26.12.2025.

                                   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

                      Bariyarpur P.S. Case No. 229 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 Exclusive Special Court No.-II,

                      NDPS, Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U       T


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