Patna High Court
Nawal Kishor @ Nawal Kishor SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail could not be granted as the recovery of narcotics from the petitioner’s house and the case circumstances did not warrant release.
Summary
The petitioner, Nawal Kishor, was charged under sections 8 and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 86.93 grams of ganja recovered from his house. He applied for bail, claiming he was falsely implicated and that no narcotics were found in his conscious possession. The State opposed the bail, emphasizing that the drugs were seized from the petitioner’s residence. The court examined the fact of recovery from the house and the surrounding circumstances. Concluding that the circumstances did not justify release, the court rejected the bail application.
Issues considered
- Whether bail can be granted to the accused under sections 8 and 20(b)(ii) of the NDPS Act when narcotics are recovered from his residence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 8
Subjects
- bail
- NDPS Act
- narcotics possession
- criminal procedure
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3326 of 2026
Arising Out of PS. Case No.-782 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Nawal Kishor @ Nawal Kishor Sah S/O Prabhu Lal Sah R/O Village-
Bibipur, P.S- Belsar O.P., Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur , Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner seeks bail in a case registered for the
offence punishable under sections 8 , 20 ( b ) ( ii ) of NDPS Act.
3 . As per the prosecution case , 86.93 grams of ganja
was recovered from the house of petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated only on
the basis of suspicion . No incriminating material has been
recovered from the conscious possession of the petitioner and he
is no way connected with the aforesaid recovery .
5 . Learned counsel for the State opposed the prayer
for bail and submitted that aforesaid 86.93 grams ganja was
recovered from the house of petitioner.
Patna High Court CR. MISC. No.3326 of 2026(2) dt.02-02-2026
2/2
6. Considering the fact that aforesaid ganja was
recovered from the house of this petitioner and other
circumstances of the case , prayer for bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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