Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19010 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nilesh Kumar S/o Sanjay Yadav R/o Vill- Raghunathpur, Ward No. 12, P.s.- S. Kamal, Distt- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No.68 of 2025, arising out of Sahebpur Kamal P.S. Case No. 286 of 2025, registered for the offence under Sections 8/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. As per allegation, the petitioner, who was driving a Pulsar motorcycle bearing registration No.BR-34W-3960, on which pillion rider Ravi Kumar was seated and from the possession of Ravi Kumar altogether 200 gms. of smack like substance was recovered and from the petitioner one mobile phone was recovered.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.19010 of 2026(2) dt.25-03-2026 2/3 submits that there happens to be no recovery from the conscious possession of the petitioner as regards any contraband article and only a mobile phone was recovered from the possession of the petitioner, which he claims to be his own. Moreover, the petitioner was not aware that co-accused Ravi Kumar was carrying contraband article with him. The search and seizure is in contravention to Section 50 of the NDPS Act and moreover it has been submitted at the bar that co-accused Ravi Kumar, from whose possession contraband article was recovered, has been granted the privilege of bail by order dated 24.03.2026 passed by a coordinate Bench of this Court in Cr. Misc. No. 18661 of 2026. It has been further submitted that the petitioner is in custody since 02.10.2025 and he has got no criminal antecedents.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Begusarai, in connection with N.D.P.S. Case No.68 of 2025, arising out of Sahebpur

Patna High Court CR. MISC. No.19010 of 2026(2) dt.25-03-2026 3/3 Kamal P.S. Case No. 286 of 2025.

(Praveen Kumar, J) Pawan/- U T