Patna High Court
CR. MISC./40127/2026 of Nitesh Kumar Vs The State of Bihar on 7 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40127 of 2026 Arising Out of PS. Case No.-247 Year-2026 Thana- RAJAPAKAR District- Vaishali ====================================================== Nitesh Kumar, S/o Dhruv Thakur, R/o village- Baranti, P.S- Baranti, District- Vaishali. ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40127 of 2026
Arising Out of PS. Case No.-247 Year-2026 Thana- RAJAPAKAR District- Vaishali ======================================================
Nitesh Kumar, S/o Dhruv Thakur, R/o village- Baranti, P.S- Baranti, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Deepak Kumar Singh, Advocate
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
07-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Rajapakar (Baranti) P.S. Case No. 247 of 2026, registered for the offence under Sections 8 (C) & 21(B) of the NDPS Act.
3. As per prosecution case, co-accused Krishna Kumar was apprehended while moving in suspicious condition and from his possession, recovery of 9 gram of smack like substance was made. The co-accused disclosed the name of this petitioner, who was the intended recipient of the said contraband. Subsequently, on identification of the co-accused, this petitioner was also apprehended.
4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.40127 of 2026(3) dt.07-08-2026
petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner. Except for confessional statement of co-accused, there is no substantive material against the petitioner. Moreover, the recovery from the co-accused is 9 gram of smack which is just above the small quantity but much less than the commercial quantity. The petitioner is in custody since 15.05.2026 and is having clean antecedent. The charge sheet has been submitted and cognizance has been taken.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Vaishali at Hajipur/concerned court, in connection with Rajapakar (Baranti) P.S. Case No. 247 of 2026 subject to the condition laid down Patna High Court CR. MISC. No.40127 of 2026(3) dt.07-08-2026
under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
V.K.Pandey/- (Arun Kumar Jha, J) U T