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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. Ashwini/- (Dr. Anshuman, J) U T