Patna High Court
Vicky PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted on the condition of a Rs.10,000 bond with two sureties, subject to the petitioner’s physical presence before the trial court on each date.
Summary
The petitioner, Vicky Pandit, was arrested in connection with a narcotics case (Haraiya P.S. Case No. 26 of 2024) for alleged possession of 134 grams of brown sugar, contravening several sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that the seized quantity was below commercial threshold, that the contraband was not found in his conscious possession, and that he had been falsely implicated despite having three prior criminal antecedents. The petitioner also highlighted that co‑accused had been granted bail in related cases, arguing for similar relief. The State opposed regular bail, emphasizing the seriousness of the offences. After reviewing the FIR, charge‑sheet, and the fact that the quantity was less than commercial, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and mandatory physical presence before the trial court.
Issues considered
- What is the appropriate bail disposition for an accused under the NDPS Act when the seized quantity is below commercial threshold?
- Does the petitioner’s prior criminal antecedents preclude the grant of regular bail?
- Should the bail be conditioned on physical presence before the trial court?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b), 22(b), 24, 29, 2(b), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- quantity threshold
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1027 of 2026
Arising Out of PS. Case No.-26 Year-2024 Thana- Haraiya District- East Champaran
======================================================
Vicky Pandit Son of Ramesh Pandit Resident of Village- Sundarpur, P.S.-
Haraiya, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Haraiya P.S Case No. 26 of 2024 dated 03.11.202 registered for
the offences punishable under Sections 8(c), 20(b), 2(b), 22(b),
24 and 29 of the Narcotic Drugs and Psychotropic Substance
Act.
3. As per allegation in the FIR, total 134 gram smack
(Brown Sugar) was recovered from the plastic allegedly thrown
by the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that Charge-sheet has been submitted against the
Patna High Court CR. MISC. No.1027 of 2026(2) dt.15-01-2026
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petitioner. The seized contraband is less than the commercial
quantity. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner has no concern with
the alleged recovery. The petitioner has three criminal
antecedent as stated at para 3 of the bail petition. He further
submits that petitioner is in custody since 09.10.2025. He
further submits that two co-accused petitioner has been granted
bail vide order dated 23.04.2025 and 14.08.2025 in Cr. Misc.
No. 19411 of 2025 and in Cr. Misc. No. 38950 of 2025.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated
11.12.2025, it appears that recovery is more that smaller
quantity but much less than commercial quantity. Moreover,
charg-sheet has already been submitted. So. considering the
aforesaid facts and circumstances of the case and submissions
made on behalf of the learned counsel for the petitioner, let the
above named petitioner be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned Sessions Judge,
Special Judge, East Champaran, Motihari in connection with
Haraiya P.S Case No. 26 of 2024 subject to the condition that
Patna High Court CR. MISC. No.1027 of 2026(2) dt.15-01-2026
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petitioner shall remain physically present before the learned
Court below on each and every date. If petitioner remains absent
on two consecutive date without reasonable cause, the trial
Court may cancel the bail bond of the petitioner.
(Ramesh Chand Malviya, J)
Sunnykr/-
U
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