IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58073 of 2026 Arising Out of PS. Case No.-139 Year-2026 Thana- NAUGACHIA District- Bhagalpur ====================================================== Nitish Kumar son of Vijay Paswan @ Bijay Paswan Resident of Village -Hardas Bigha PS- Khusrupur District -Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Noumaan Ahmad, Advocate Mr. Brajesh Sahay, Advocate Mrs. Rupa Sinha, Advocate Mrs. Vandna Rani, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State. 2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Naugachia P.S. Case No. 139 of 2026, registered for the offences punishable under Sections 21(c), 22(c), 25 and 29 of the N.D.P.S. Act. 3. As per the prosecution case, there is a recovery of 7,472 bottles of CHEFAX TC Cough Syrup (100 ml each) containing Triprolidine Hydrochloride and Codeine Phosphate, packed in 49 sealed cartons and one open carton, having a total quantity of approximately 747.20 liters from a Bolero Pick-up Patna High Court CR. MISC. No.58073 of 2026(2) dt.19-08-2026 2/3 bearing Registration No. BR-01GL-8510. 4. Learned counsel for the petitioner submits that he is innocent and he has been falsely implicated in this case and he has no concern with the alleged contraband or the seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that the original driver of the vehicle managed to escape from the spot, whereas the petitioner was apprehended by the police merely on the basis of suspicion. 5. It is submitted that there is no independent witness of the alleged seizure list and the witnesses of the seizure list are police party which is a clear violation of the mandatory provisions of the B.N.S.S. 6. Learned counsel for the petitioner submits that the petitioner is 18 years of age and is in judicial custody since 27.03.2026 and is having a clean antecedent. 7. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner. 8. Considering the aforesaid facts and circumstances of the case, the period of custody and also taking into consideration the materials available on record, the petitioner, Patna High Court CR. MISC. No.58073 of 2026(2) dt.19-08-2026 3/3 above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, District – Bhagalpur in connection with Naugachia P.S. Case No. 139 of 2026 on the following conditions:- (i) That one of the bailors should be family member of the petitioner. (ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Ritwika/- (Kumar Manish, J) U T