Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail petitions were dismissed, and the accused were not released on bail.
Summary
The petitioners, Nitish Kumar and Pawan Pandit, were arrested on 16 March 2024 in connection with an NDPS case involving the recovery of 37.265 kg of ganja from a vehicle. Both filed bail applications, which had previously been rejected, and argued that they were falsely implicated as the driver and co‑passenger without any conscious possession of the contraband. The State opposed bail, emphasizing that the quantity exceeded the commercial threshold, invoking the embargo provision under Section 37 of the NDPS Act, and noting that Nitish Kumar has two other pending cases. The trial court report indicated that all witnesses had been examined, and the learned High Court judge considered the material facts and statutory provisions. Consequently, the court refused the bail prayers and directed the trial court to expedite the trial.
Issues considered
- Whether bail can be granted to the accused under the NDPS Act when the seized quantity exceeds the commercial threshold and an embargo under Section 37 applies
- Whether the role of the accused as driver or co‑passenger without conscious possession suffices to justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 25, 29, 37, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37 embargo
- driver
- co-passenger
- trial expediting
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71755 of 2025
Arising Out of PS. Case No.-175 Year-2024 Thana- ARARIA District- Araria
======================================================
Nitish Kumar S/O Suresh Mehata Resident Of Village- Hanuman Nagar
Chaura Ward No. 17, Police Station- Madhepura Sadar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88163 of 2025
Arising Out of PS. Case No.-175 Year-2024 Thana- ARARIA District- Araria
======================================================
Pawan Pandit @ Pawan Kumar Pandit Son of Late Narayan Pandit R/o
Village - Jimrahi, Ward No.- 03, P.S.- Bathnaha, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 71755 of 2025)
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
(In CRIMINAL MISCELLANEOUS No. 88163 of 2025)
For the Petitioner/s : Mr.Uzma Sultan, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 13-02-2026 Heard Mr.Mukesh Kumar Rana, learned counsel for
the petitioner and Mr.Anand Kishore Choudhary, learned A.P.P.
for the State (In CRIMINAL MISCELLANEOUS No. 71755 of
2025) and Mr.Uzma Sultan, learned counsel for the petitioner
and Mr.Nawal Kishore Prasad, learned A.P.P. for the State (In
CRIMINAL MISCELLANEOUS No. 88163 of 2025).
Patna High Court CR. MISC. No.71755 of 2025(4) dt.13-02-2026
2/4
2. The petitioners seek bail who are in custody since
16.03.2024 in connection with Araria (Bairgachhi O.P.)
P.S.Case No.175 of 2024 corresponding to NDPS Case No. 91
of 2024, F.I.R. dated 15.03.2024 registered for the offence
punishable under Sections 8,20(b),(ii)(C),25,29 of N.D.P.S.Act.
3. Earlier the prayer for bail of petitioner, namely,
Nitish Kumar was rejected vide order dated 06.12.2024 passed
in Cr. Misc. No.68819 of 2024 and also the prayer for bail of
petitioner, namely, Pawan Pandit @ Pawan Kumar Pandit was
rejected vide order dated 25.09.2024 passed in Cr. Misc.
No.57231 of 2024.
4. Vide order dated 09.10.2025, a report was called for
in Cr. Misc. No. 71755 of 2025 with regard to the present stage
of the trial. Report of the learned Trial Court dated 24.01.2026
reveals that all the chargesheeted witnesses including seizure list
witnesses have already been examined.
5. Learned counsel appearing for the petitioners
submits that the petitioners have falsely been implicated in the
present case. He further submits that it appears from the FIR
that altogether 37.265 Kilograms of Ganja has been recovered
from the vehicle in question and nothing has been recovered
from conscious possession of the petitioners and petitioners
Patna High Court CR. MISC. No.71755 of 2025(4) dt.13-02-2026
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have no concern at all with the alleged recovery of contraband
and petitioners have been made accused in the present case
merely on the basis that petitioner, namely, Nitish Kumar is
driver of the vehicle in question and petitioner, namely, Pawan
Pandit @ Pawan Kumar Pandit is co-passenger of the vehicle in
question.
6. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioners and
submits that the recovered contraband is more than the
commercial quantity and there is embargo under Section 37 of
NDPS Act to enlarge the petitioners on bail and F.S.L. report
also confirms that the recovered article is contraband and apart
from that, petitioner, namely, Nitish Kumar carries two more
cases other than the present one, one case is pertaining to NDPS
matter one case is Excise matter but fairly submits that he is on
bail in the pending matters. Petitioner, namely, Pawan Pandit @
Pawan Kumar Pandit has clean antecedent.
7. Considering the aforesaid facts and in view of the
report of the learned Trial Court, I am not inclined to enlarge the
petitioners on bail in connection with Araria (Bairgachhi O.P.)
P.S.Case No.175 of 2024 corresponding to NDPS Case No. 91
of 2024, pending in the court of learned District and Additional
Patna High Court CR. MISC. No.71755 of 2025(4) dt.13-02-2026
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Sessions Judge-IV, Araria.
8. Prayer is refused.
9. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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