Allowed¶19

Nitish Kumar Sah v. The State of Bihar

Patna HC1 Apr 2026CR. MISC./20712/2026

Case brief

AI extract

What is this about?

NDPS bail; smack 91 gm recovery; Palasi P.S. Case No.44 of 2026, Araria; Sections 8(c), 20(b)(ii) & 22(c) NDPS Act; Section 105 BNSS seizure compliance contention; recovery from open house; quantity more than small but less than commercial; no criminal antecedent; judicial custody since 31.01.2026; bail bond Rs. 10,000/- with two sureties; Sessions Judge-cum-Special Judge NDPS Act Araria; Patna High Court Cr. Misc. No.20712 of 2026; Justice Ashok Kumar Pandey; decided 01-04-2026.

What did the court decide?

Petitioner 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 court of learned Sessions Judge-cum-Special Judge, NDPS Act, Araria in connection with Palasi P.S. Case No.44 of 2026. ¶19

Nitish Kumar Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, in judicial custody in connection with Palasi P.S. Case No.44 of 2026 registered under Sections 8(c), 20(b)(ii) & 22(c) of the N.D.P.S. Act (alleged recovery of 91 gm of smack), is entitled to be enlarged on bail.

¶13

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court found itself inclined to enlarge the petitioner on bail; the petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Araria.

¶19

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J.), Criminal Miscellaneous No.20712 of 2026 (decided 01-04-2026): Bail granted to Nitish Kumar Sah in Palasi P.S. Case No.44 of 2026, District Araria, registered under Sections 8(c), 20(b)(ii) & 22(c) of the N.D.P.S. Act, wherein 91 gm of smack was allegedly recovered from his possession. Considering the facts and circumstances, the Court enlarged the petitioner on bail on furnishing a 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, NDPS Act, Araria. Counsel had contended the recovery was from an open house, nothing was recovered from the petitioner's possession, seizure-list witnesses were police personnel and Section 105 of the BNSS was not complied with during seizure, and the quantity exceeded small quantity but was far below commercial quantity; the petitioner has no criminal antecedent and was in judicial custody since 31.01.2026. No precedent was cited or discussed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20712 of 2026

¶2

Arising Out of PS. Case No.-44 Year-2026 Thana- PALASI District- Araria

¶3

======================================================

¶4

Nitish Kumar Sah Son of Vinod Sah Resident of Village - Kaliaganj, Ward No. 09, P.S. - Palasi, District - Araria.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶9

2 01-04-2026

¶10

Heard learned counsel for the petitioner and learned

¶11

APP for the State.

¶12

The petitioner has prayed for bail in connection

¶13

with Palasi P.S. Case No.44 of 2026 registered for the offence punishable under Sections 8(c), 20(b)(ii) & 22(c) of the N.D.P.S. Act.

¶14

The case of the prosecution, in short, is that from the possession of this petitioner, 91 gm of smack was recovered.

¶15

Learned counsel appearing on behalf of the petitioner has submitted that the recovery was made from an open house. It has further been submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seziure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. It has further

¶16

Patna High Court CR. MISC. No.20712 of 2026(2) dt.01-04-2026 2/2

¶17

been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Learned counsel has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 31.01.2026.

¶18

The application for bail is opposed by learned APP for the State.

¶19

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 court of learned Sessions Judge-cum-Special Judge, NDPS Act, Araria in connection with Palasi P.S. Case No.44 of 2026.

¶20

(Ashok Kumar Pandey, J)

¶21

durgesh/-

¶22

U T

Nitish Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ajay Singh Vs The State of Bihar

Madhurendra Kumar Vs The State of Bihar

Rahul Kumar Vs The State of Bihar

Nandu Sahni Vs The State of Bihar

Ramkishun Sah Vs The State of Bihar

Chandan Kumar Vs The State of Bihar