Patna High Court
CR. MISC./59026/2026 of Nitesh Kumar Vs The State of Bihar on 20 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59026 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- KALYANPUR District- East Champaran ====================================================== 1. Nitesh Kumar S/o Jitendra Das R/o Village- Khokhara, Ward No.15, P.S.- Kalyanpur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59026 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- KALYANPUR District- East Champaran ======================================================
1.
Nitesh Kumar S/o Jitendra Das R/o Village- Khokhara, Ward No.15, P.S.- Kalyanpur, District- East Champaran
2.
Mithlesh Kumar S/o Jitendra Das R/o Village- Khokhara, Ward No.15, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
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ORAL ORDER
20-08-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Kalyanpur P.S. Case No. 07 of 2026, instituted for the offences punishable under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 9.597 Kg of ganja from the house of the petitioner and co-accused Urmila Devi was arrested on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners further submits that the petitioners have got no concern with the alleged recovery of ganja. The recovered Patna High Court CR. MISC. No.59026 of 2026(2) dt.20-08-2026
contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioners are in custody since 01.06.2026 and have got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioners submits that other co-accused has been granted regular bail by a co-ordinate Bench of this Court vide order dated 12.03.2026 passed in Cr. Misc. No. 15862 of 2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 07 of 2026.
Rajorshi/- (Rudra Prakash Mishra, J) U T