Created by Fuzzy Cloud

Patna High Court

Vicky PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.