Nishant Jaiswal @ Ricky @ Rocky Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Nishant Jaiswal @ Ricky @ Rocky Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail rejected; however, liberty granted to the petitioner to surrender before the concerned Trial Court within 4 weeks, whereupon the Trial Court shall decide his surrender-cum-bail application the same day on merits, uninfluenced by this rejection.

Issue for consideration

Whether the petitioner, apprehending arrest in Chitragupt Nagar P.S. Case No. 312 of 2025 for offences under Sections 8(c), 20(b) and 22(ii)(b) of the N.D.P.S. Act, 1985, is entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail refused: in the present facts and circumstances, having regard to the recovery of 85.5 kilograms of cannabis (ganja), classified as commercial quantity, from the petitioner's residential flat, the Court was not inclined to grant bail and rejected the prayer for bail in connection with Chitragupt Nagar P.S. Case No. 312 of 2025.

Ratio / Principle

Liberty reserved to the petitioner to surrender before the concerned Trial Court within 4 weeks; upon such surrender, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day on merits, without being prejudiced by the rejection of the anticipatory bail application.

Detailed headnote1 paragraphs

NDPS — Anticipatory bail — Rejected. Petitioner apprehending arrest in Chitragupt Nagar P.S. Case No. 312 of 2025 (Ss. 8(c), 20(b), 22(ii)(b) N.D.P.S. Act, 1985) after prosecution recovery of 85.5 kilograms of cannabis (ganja), a 'commercial quantity', from his residential flat. Defence pleas — implication solely on co-accused Amit Raj's confessional statement amid a partition dispute, and non-compliance with Ss. 42 and 50 NDPS and S. 103 BNSS — did not induce the Court to grant bail. While rejecting the prayer, liberty granted to surrender before the Trial Court within 4 weeks; the Special Judge (NDPS), Patna, directed to decide the surrender-cum-bail application the same day on merits, without prejudice from this rejection. (Dr. Anshuman, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48043 of 2026

Arising Out of PS. Case No.-312 Year-2025 Thana- Chitragupta Nagar District- Patna

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

Nishant Jaiswal @ Ricky @ Rocky, S/o Sunil Kumar Jaiswal, R/o Village - Jandaha, Near Bharat Gas Agency, P.S - Jandaha, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 22-07-2026

Heard learned Counsel for the petitioner and learned

APP for the State.

The petitioner who apprehends arrest in connection with Chitragupt Nagar P.S. Case No. 312 of 2025 lodged on 28.12.2025, for the offences punishable under Sections 8(c), 20(b) and 22(ii)(b) of N.D.P.S. Act, 1985.

As per the prosecution, in total, 85.5 kilograms of contraband substance i.e. cannabis (ganja) along with other indiscriminatory articles has been recovered from the residential flat of petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Learned counsel further submits that the name of petitioner surfaced in this case only on the basis of confessional statement

Patna High Court CR. MISC. No.48043 of 2026(2) dt.22-07-2026 2/3

of co-accused Amit Raj, who happens to be cousin (mausera bhai) of the petitioner with whom the petitioner is at litigating terms with regard to partition dispute. Further, there is no material on record to substantiate that the residential apartment from where the alleged recovery is said to made, does not belong to the petitioner and the procedures of Sections 42 and 50 of NDPS as well as 103 of BNSS have not been complied with.

Learned APP for the State vehemently opposes the prayer for bail and submits that 85.5 kilograms of contraband cannabis (ganja) has been recovered from the residential flat of petitioner which has been classified as ‘commercial quantity’ under NDPS Act.

As such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Chitragupt Nagar P.S. Case No. 312 of 2025, pending before the learned District and Sessions Judge -cum- Special Judge (NDPS), Patna, is hereby rejected.

However, liberty is granted to the petitioner that if he surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is

Patna High Court CR. MISC. No.48043 of 2026(2) dt.22-07-2026 3/3

directed to pass order on his surrender-cum-bail application on the same day on merits, without being prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court.

(Dr. Anshuman, J)

Ashwini/-

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