Patna High Court
Vijay Kumar @ LambuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted regular bail to the petitioners.
Summary
The Patna High Court heard regular bail applications filed jointly for three accused—Golu Kumar, Akash Kumar, and Vijay Kumar—arising from Parsa Bazar Police Station Case No. 427 of 2025, which alleged offences under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111(2)(b) of the Bhartiya Nyaya Sanhita, 2023. The police, acting on secret information, recovered 8.5 g and 9.1 g of brown‑sugar‑like substance from the accused and seized a weighing machine, but the accused claimed they were merely purchasers from a third person and had no prior criminal record. The prosecution argued the quantity exceeded the ‘small quantity’ threshold, while the defence highlighted that the amount was still far below commercial quantity, the charge‑sheet had already been filed, and the accused had been in custody since 14 Oct 2025, reducing any risk of absconding or evidence tampering. Considering these factors, the Court found no substantial ground to deny bail. Consequently, the Court granted regular bail to all petitioners, subject to a bond of Rs 10,000 with two sureties and conditions of appearance before the Special Judge.
Issues considered
- Whether regular bail can be granted for NDND‑PS offences when the seized quantity is slightly above the statutory ‘small quantity’ but below commercial quantity
- Whether the filing of a charge‑sheet and the absence of prior criminal record negate the risk of absconding or tampering with evidence
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 111(2)(b)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- small quantity
- narcotics
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10804 of 2026
Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
1. Golu Kumar S/O Awdhesh Kumar R/O Vill.- Mokimpur,P.S- Parsa
Bazar,Distt.- Patna
2. Akash Kumar S/O Manoj Kumar R/O Vill.- Mokimpur,P.S- Parsa
Bazar,Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India through the narcotics control bureau(NCB) New Delhi
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11702 of 2026
Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Vijay Kumar @ Lambu Son of Suresh Singh @ Late Surendra Singh Resident
of Village- Suitha, P.S.- Parsa Bazar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 10804 of 2026)
For the Petitioner/s : Mr. Dinu Kumar
Mr.Vardaan Mangalam
Ms. Ritika Rani
For the Opposite Party/s : Mr.Satya Nand Shukla
(In CRIMINAL MISCELLANEOUS No. 11702 of 2026)
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 13-05-2026 1. Since both these regular bail applications arise out of
Parsa Bazar Police Station Case No. 427 of 2025, with the
consent of the parties, both these applications are heard
together.
2. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State, in both the
Patna High Court CR. MISC. No.10804 of 2026(4) dt.13-05-2026
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cases.
3. The petitioners seek regular bail in connection with Parsa
bazar Police Station Case No. 427 of 2025, dated
13.10.2025, registered for the offences punishable under
Sections 8(c)/21(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 and Section 111 (2)
(b) of the Bhartiya Nyaya Sanhita, 2023.
4. The prosecution case, as per the First Information Report,
is that the police, on secret information that some persons
are selling smack/brown sugar near Chihut Mandir,
reached the place of occurrence and on seeing the police,
some persons tried to flee away, however the police
apprehended them and they disclosed their names as the
petitioners, namely, Golu Kumar and Akash Kumar and
co-accused Rohit Kumar and Mukesh Kumar. On their
search, the police recovered 8.5 gms. of brown sugar like
substance from the possession of petitioner Golu Kumar
and from the possession of petitioner Akash Kumar, the
police has recovered a battery operated weighing
machine. Upon query about the brown sugar, the
petitioners, Golu Kumar and Akash Kumar, disclosed that
the petitioner Vijay Kumar @ Lambu used to sell
Patna High Court CR. MISC. No.10804 of 2026(4) dt.13-05-2026
3/4
smack/brown sugar from his shop and home and they
have also purchased the brown sugar from him. Upon this
information, the police raided the house of the petitioner
Vijay Kumar and recovered 9.1 gms. of smack/brown
sugar kept in the kitchen of the house of the petitioner
Vijay Kumar.
5. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in the present case. Learned Counsel further submits that
from the possession of petitioner Akash Kumar, only a
weighing machine has been recovered. So far as the
petitioners, Golu Kumar and Vijay Kumar are concerned,
the police has allegedly recovered 8.5 gms. and 9.1 gms.
of smack/brown sugar like substance, which is slightly
more than the small quantity and less than the commercial
quantity. The petitioners are in custody since 14.10.2025
and charge sheet has been submitted against the
petitioners, as such, there is no likelihood that the
petitioners will abscond and/or tamper with the evidence.
The petitioners are not having criminal antecedent of
similar nature of offence.
6. Having heard learned Counsel for the parties and taking
Patna High Court CR. MISC. No.10804 of 2026(4) dt.13-05-2026
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into consideration the materials on record and the fact that
the alleged recovery of smack/brown sugar like substance
is slightly more than the small quantity and less than
commercial quantity and the petitioners are in custody
since 14.10.2025 and charge sheet has been submitted
against them, I am inclined to grant regular bail to the
petitioners.
7. These applications are, accordingly, allowed.
8. Let the petitioners, above named, be released on bail,
upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the
satisfaction of learned Special Judge (NDPS)-1, Patna, in
connection with Parsa Bazar Police Station Case No. 427
of 2025.
9. This is subject to the condition that the petitioners shall
present himself before the Court, as and when required
and in the event of failure on their part to appear before
the Court on two consecutive occasions, their bail bonds
shall be liable to be cancelled.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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