Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Nitish Kumar, applied for bail in a case registered under the NDPS Act (sections 8, 20(b)(ii)(c), 25, 29) and the Arms Act (sections 25(1‑b)a, 26(i), 35). The prosecution alleged that a large quantity of ganja, cash amounting to Rs. 7,77,105 and firearms were recovered from the house of Rishab Singh based on information from three arrested persons. The petitioner has been in custody since 30‑08‑2025. The Patna High Court, after hearing counsel, noted the seriousness of the offences and the recovery of firearms, and was not inclined to grant bail. Consequently, the bail application was rejected, with the court emphasizing that its observations were prima facie and would not affect the trial.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act and Arms Act given the recovery of large quantities of narcotics, cash and firearms.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26(i), 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- Arms Act
- drug seizure
- firearms
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33137 of 2026
Arising Out of PS. Case No.-484 Year-2025 Thana- JAMUI District- Jamui
======================================================
Nitish Kumar Son of Rajbali Singh Resident of Village- Chandbara, P.S. and
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No. 03 of 2026 instituted for the offences under
Section 8, 20(b)(ii)(c), 25, 29 of the N.D.P.S. Act and Sections
25(1-b)a, 26(i), 35 of the Arms Act.
3. The allegation is that three persons were arrested
and on their information from the house of Rishab Singh huge
quantity of ganja, cash of Rs. 7,77,105/- and even arms were
recovered.
4. Considering the aforesaid facts and circumstances
of the case, recovery of fire arms and petitioner being in custody
since 30.08.2025, this Court is not inclined to grant bail to the
petitioner.
Patna High Court CR. MISC. No.33137 of 2026(3) dt.24-06-2026
2/2
5. Accordingly, the prayer for bail is rejected. It is
made clear that any observation made herein is prima facie in
nature and limited solely for the purpose of adjudication of the
present bail application. Such observations shall not be
construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
Siddharth Soni/-
U T
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