Patna High Court

Vikash Kumar @ Santy @ Santy VikashversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Vikash Kumar, was arrested in connection with Beur police case No. 530 of 2025 for alleged possession of 9 grams of a smokelike substance and 25 buprenorphine injections, offences under Sections 8(c), 21(b), 22 of the NDPS Act and Section 317(5) of the BNSS, 2023. The petitioner claimed innocence, arguing that the seizure was not made in compliance with Section 105 of the BNSS and that the quantity seized was far below commercial quantity. He also pointed to the grant of bail to co‑accused Golu Kumar and Vikash Kumar in a similar case. The State opposed bail. After hearing both sides, the Court found the circumstances sufficient to justify bail and ordered the petitioner released on a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to an accused under the NDPS Act for possession of a small quantity of narcotic substances.
Whether non‑compliance with Section 105 of the BNSS during seizure warrants bail.
Whether the quantity seized, being less than commercial quantity, affects the bail decision.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 8(c)

Subjects

bail
NDPS Act
drug possession
seizure procedure
Section 105
quantity of narcotics
commercial quantity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1403 of 2026
                          Arising Out of PS. Case No.-530 Year-2025 Thana- BEUR District- Patna
                 ======================================================
                 Vikash Kumar @ Santy @ Santy Vikash Son of Vinay Prasad R/V-
                 Saristabad, P.S- Gardanibag, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                   Heard Mr. Dhirendra Prasad Sinha, learned counsel

                   for the petitioner and Mr. Umeshanand Pandit, learned APP for

                   the State.

                                2. The petitioner has prayed for bail in connection

                   with Beur P.S. Case No. 530 of 2025 registered for the offence

                   punishable under Sections 8(c), 21(b), 22 of the N.D.P.S. Act

                   and Section 317(5) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that from

                   the possession of this petitioner, altogether 9 gram of smack

                   like substance and 25 pieces of Buprenorphine injection

                   containing 2 ml each were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.1403 of 2026(2) dt.05-02-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that nothing

          has been recovered from the possession of this petitioner. The

          witnesses of the seizure list are police personnel. Police has not

          complied with Section 105 of the BNSS while making the

          seizure. He also submits that the alleged recovery of

          contraband is though more than small quantity but is much less

          than commercial quantity. He further submits that similarly

          situated co-accused persons namely, Golu Kumar and Vikash

          Kumar have already been granted bail by this court vide order

          dated 17.12.2025 passed in Cr. Misc. No. 86392 of 2025. He

          further submits that a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 20.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.1403 of 2026(2) dt.05-02-2026
                                                       3/3




                     Sessions Judge/Special Judge (NDPS), Patna in connection

                     with Beur P.S. Case No. 530 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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