Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36159 of 2026 Arising Out of PS. Case No.-97 Year-2025 Thana- MANIGACHI District- Darbhanga ====================================================== Nitish Kumar S/O Om Prakash Mahto@ Om Prakash Mehta R/o - Ward No.11, Baisa, Near School, P.S - Bhaptiyahi, Bhaptiahi, District - Supaul, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.
2. Heard learned Counsel for the petitioner and learned APP for the State.
3. The petitioner who apprehends arrest in connection with Manigachi P.S. case no. 97 of 2025 lodged on 10.07.2025, for the offences punishable under sections 20 and 22 of the N.D.P.S. Act, 1988.
4. As per the prosecution, total recovery of 8.350 gram ganja, is the subject matter of the present case.
5. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. In fact, the petitioner is not named in the FIR rather
Patna High Court CR. MISC. No.36159 of 2026(2) dt.02-06-2026 2/3 the FIR has been lodged against unknown accused persons as well as also owner of the vehicle from which the alleged recovery was made. The name of the petitioner has come in this case during investigation on the basis of confessional statement of co-accused. Admittedly, nothing has been recovered from the possession of the petitioner, hence, the ingredient of N.D.P.S. Act shall not be attracted. The antecedent of the petitioners is clean and he is ready to fulfill all the conditions whatsoever shall be imposed in the event of granting bail.
6. Learned APP for the State vehemently opposes the prayer for bail and submits that the owner of the vehicle from which the alleged recovery was made has been granted regular bail by this Hon'ble Court and he has taken plea that it is the petitioner who has taken the said vehicle on rent and was indulged in illegal trade of ganja.
7. In this background, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Manigachi P.S. case no. 97 of 2025 , pending before the learned Additional Session Judge- XI cum Special Judge N.D.P.S., Darbhanga is hereby rejected.
8. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court shall
Patna High Court CR. MISC. No.36159 of 2026(2) dt.02-06-2026 3/3 pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court. (Dr. Anshuman, J) Ashwini/Manshi U T