Patna High Court
VIVEK KUMAR @ VIVEK KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions, under Section 438 CrPC.
Summary
The petitioner, Vivek Kumar, sought anticipatory bail fearing arrest in a narcotics case (PS Case No. 374 of 2025) where police alleged he was involved in buying and selling charas from his grocery shop, recovering 690 grams. He contended that the seized narcotics were not in his conscious possession, that the quantity fell in the intermediate category not attracting the stringent provisions of Section 37 NDPS, and that the case was motivated by personal vendetta despite his three prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the offences under the NDPS Act. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including regular appearance before the trial court and periodic reporting to the Superintendent of Police. The order also stipulated cancellation of bail for non‑compliance or concealment of antecedents, and clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in an NDPS case involving an intermediate quantity of narcotics.
- Whether the petitioner’s lack of conscious possession and prior criminal antecedents preclude bail.
- Whether alleged personal differences of the police can influence the grant of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(b), 22(c), 23, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- Section 438 CrPC
- intermediate quantity
- criminal antecedents
- police raid
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11738 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Vivek Kumar @ Vivek Kumar Singh S/o- Jitendra Singh R/v- Kotwa Ps-
Kotwa Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Riya Kashyap, Adv.
Mr.Sunil Kumar, Adv.
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kotwa P.S. Case No. 374 of 2025 dated 13.10.2025
registered for the offences punishable under Sections 8(c), 20(b)
(ii)(b), 22(c) and 23 of the N.D.P.S. Act.
3. The prosecution case is to the effect that the police
received information that the petitioner is indulged in buying
and selling of narcotic substance from his grocery shop. The
police raided the shop of the petitioner however, the petitioner
managed to flee and on search, total 690 grams of intoxicated
material like charas was recovered.
4. The learned counsel for the petitioner submits that
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the petitioner happens to be the owner of the shop however no
such recovery has been made from his conscious possession and
the petitioner has falsely been implicated because he carries
three criminal antecedents. It has further been submitted that
admittedly, the recovered quantity falls under the category of
intermediate category and therefore, the rigors of Section 37 is
not attracted in the present case. It has also been submitted that
none of the previous criminal cases in which the petitioner is an
accused is of such nature and in fact the police out of personal
differences, implicated the petitioner in the present case.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Kotwa P.S. Case No. 374 of 2025,
subject to the conditions as laid down under Section 438(2) of
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the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(v) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
East Champaran at Motihari within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter for the next
nine months. The conduct of the petitioner will be kept under watch
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in this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail of
the petitioner for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the petitioner
before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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