Patna High Court

Mithlesh Kumar @ Mithilesh KumarversusThe State of Bihar

Decided: 17 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Mithlesh Kumar was arrested in connection with the alleged seizure of 35.04 grams of a narcotic substance from a bamboo clamp and charged under sections 8(c), 21(b) and 22(b) of the NDPS Act. He filed a petition for regular bail, contending that he had no possession, that the seizure was illegal because the police did not comply with Section 105 of the Bihar Narcotic Substances and Substances Act, and that the quantity seized was far below the commercial threshold. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court held that the circumstances warranted the grant of bail, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties and to cooperate with the trial. The petitioner was ordered to appear in the trial court as required.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act for the alleged possession of 35.04 grams of narcotic substance.
Whether the seizure of the substance is valid in view of alleged non‑compliance with Section 105 of the Bihar Narcotic Substances and Substances Act.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22(b), 8(c)

Subjects

bail
NDPS Act
seizure
quantity of narcotic
prior criminal antecedent
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91146 of 2025
                   Arising Out of PS. Case No.-209 Year-2025 Thana- SONBERSHA RAJ District- Saharsa
                 ======================================================
                 Mithlesh Kumar @ Mithilesh Kumar S/o Bind Kumar @ Bind Kumar Yadav
                 Resident of Village- Navtoliya, ward no. 1, P.S- Sonbarsa Raj, District-
                 Saharsa
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                                                  Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mrs. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-01-2026                     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 8(c)/21(b) and

                   22(b) of the NDPS Act.

                                 3. The case of the prosecution is that on the disclosure

                   of this petitioner, altogether 35.04 grams of smack like

                   intoxicating substance was recovered from bamboo clamp.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner. The witness of the

                   seizure is police personnel. Police has not followed Section 105 of

                   B.N.S.S. while preparing seizure. The alleged recovery, if any, has
            Patna High Court CR. MISC. No.91146 of 2025(2) dt.17-01-2026
                                                        2/2




                      been made from bamboo clamp which is an open plance. It has

                      further been submitted by learned counsel for the petitioner that

                      the recovery as alleged is though more than small quantity but is

                      much less than commercial quantity as per NDPS Act. Moreover,

                      the petitioner is languishing in judicial custody since 24.10.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that petitioner

                      is having criminal antecedent of two cases.

                                   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

                      Sonbarsa Raj P.S. Case No. 209 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 Sessions Judge cum Special

                      Judge, Saharsa with the condition that the petitioner shall

                      cooperate in trial and shall be present physically in trial court

                      whenever required.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

Continue reading with your account

Checking your session…