Patna High Court
Nitish Kumar @ Nitish kumar yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that procedural deficiencies and the non‑commercial quantity justified release on bond.
Summary
The petitioner, Nitish Kumar, sought bail in a case (Bhargama P.S. Case No. 109 of 2026) where the prosecution alleged that 43.41 grams of 'smack' were recovered from his possession, constituting offences under Sections 8(c) and 21(c) of the NDPS Act. The petitioner contended that he was innocent, that no contraband was actually found on him, and that the police had violated procedural requirements under Section 105 of the BNSS Act and Section 50 of the NDPS Act during seizure and search. He also argued that the quantity seized, though more than a small amount, was far below the commercial quantity threshold. The State opposed bail. After hearing both sides, the Court, noting the procedural lapses and the relatively small quantity, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge‑cum‑Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail can be granted under the NDPS Act for possession of 43.41 grams of narcotic substance.
- Whether the seizure and search complied with Section 105 of the BNSS Act and Section 50 of the NDPS Act.
- Whether the quantity involved is considered a commercial quantity warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- search
- commercial quantity
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40112 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- BHARGAMA District- Araria
======================================================
Nitish Kumar @ Nitish kumar yadav Krishna Kumar Yadav @ Krishna
Narayan Yadav Resident Of Vill-Shankarpur, Ward No-01 PS- Bhargarma,
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhargama P.S. Case No. 109 of 2026 registered for the
offence punishable under Sections 8(c) and 21(c) of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that
altogether 43.41 grams of smack was recovered from the
possession of this petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.40112 of 2026(2) dt.23-06-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that Section 50 of the N.D.P.S. Act was also not complied while
making the search of the person of the petitioner. He further
submits that the alleged recovery of contraband is though more
than small quantity but is much less than commercial quantity.
Moreover, the petitioner is languishing in judicial custody since
18.04.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in
connection with Bhargama P.S. Case No. 109 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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