Created by Fuzzy Cloud

Patna High Court

Bibhash Kumar @ Viviya @ Vivi @ Bibhash Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the seized contraband was below commercial quantity and co‑accused in similar situations had already been released on bail.

Summary

The petitioner, Bibhash Kumar Yadav, was arrested on 8 September 2025 for alleged possession of 28 gms of smack, an amount deemed less than the commercial quantity under the NDPS Act. He filed a bail petition claiming innocence and pointing out that co‑accused persons facing similar circumstances had already been granted regular bail by the same court. The State opposed bail, arguing the contraband was recovered from the petitioner and that he had other pending cases. The court considered the low quantity of the seized narcotic, the precedent of bail to similarly situated co‑accused, and the petitioner’s claim of innocence. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted when the quantity of narcotic seized is less than the commercial quantity under the NDPS Act.
  • Whether the grant of bail to co‑accused in similar circumstances mandates bail for the petitioner.
  • Whether the petitioner’s other pending cases and alleged flight risk justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • narcotic possession
  • lotteries act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1124 of 2026
                       Arising Out of PS. Case No.-202 Year-2025 Thana- Kharagpur District- Munger
                 ======================================================
                 Bibhash Kumar @ Viviya @ Vivi @ Bibhash Kumar Yadav S/O Late
                 Rajendra Yadav @ Rajendra Prasad Yadav Resident of West Azimganj via
                 Ram Toli, P.S.- Kharagpur, District- Munger

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jainandra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   18-03-2026                   Heard Mr. Jainandra Kumar, learned counsel for the

                   petitioner and Mr. Pranav Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   08.09.2025 in connection with NDPS Case No. 09/2025, arising

                   out of Kharagpur P.S. Case No. 202 of 2025, F.I.R. dated

                   08.09.2025 for the offences punishable under Sections 8(c) and

                   21(b) of the N.D.P.S. Act and Section 7 of the Lotteries Act,

                   1998.

                                3. According to prosecution case, recovery is of 28

                   gms. of smack.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.1124 of 2026(4) dt.18-03-2026
                                            2/4




          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It appears from the FIR/seizure list that

          altogether 101 puriya of Smack (28 gms.) was recovered from

          possession of petitioner and other co-accused persons. learned

          counsel further submits that the recovered contraband is less

          than the commercial quantity, hence there is no embargo under

          Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail

          and similarly situated co-accused person, namely, Anand Saw

          has been granted regular bail by this Court vide order dated

          09.01.2026 passed in Cr. Misc. No. 3226 of 2026, co-accused

          person, namely, Abhishek Kumar, has been granted regular bail

          by this Court vide order dated 24.12.2025 passed in Cr. Misc.

          No. 3570 of 2026 and co-accused person, namely, Mohit Anand

          has been granted regular bail by a coordinate Bench of this

          Hon’ble Court vide order dated 09.01.2026 passed in Cr. Misc.

          No. 6167 of 2026. He further submits that the Police, after

          investigation submitted the charge-sheet against the petitioner

          and the petitioner is in judicial custody since 08.09.2025.

                       5. Learned APP for the State has on the other hand

          vehemently opposed the prayer for bail of the petitioner and

          submits that the contraband is recovered from possession of the

          petitioner and apart from the aforesaid, petitioner carries ten
Patna High Court CR. MISC. No.1124 of 2026(4) dt.18-03-2026
                                            3/4




          more cases other than the present one but fairly submits on the

          basis of paragraph 3 of the bail petition that petitioner is on bail

          in all the pending matters.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that recovered contraband is less than

          commercial quantity and similarly situated co-accused persons

          have been granted regular bail by this Court and also by a

          coordinate Bench of this Hon’ble Court, let the petitioner, above

          named, be released 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 Special Judge, NDPS Act,

          Munger, in connection with NDPS Case No. 09/2025, arising

          out of Kharagpur P.S. Case No. 202 of 2025, with the following

          conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. 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.
            Patna High Court CR. MISC. No.1124 of 2026(4) dt.18-03-2026
                                                        4/4




                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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.