Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1‑B)a, 26, 35
- Bihar Narcotic Substances Act — s. 105, 111
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B)
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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