Patna High Court
Bibhash Kumar @ Viviya @ Vivi @ Bibhash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
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
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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
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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.
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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
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