Patna High Court
Bikki Kumar Yadav @ Vikki Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
Bikki Kumar Yadav was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 205.94 g of a smack‑like contraband recovered from his backpack. The petitioner argued that the seized material was hygroscopic, wrapped in polythene, and its weight could vary; that the seizure was recorded by police personnel who failed to comply with Section 105 of the BNSS Act and Section 50 of the NDPS Act; that the quantity, though above the ‘small quantity’ threshold, was far below a commercial amount; and that he had no prior criminal record and had been in judicial custody since 12‑12‑2025. The State opposed bail. After hearing both sides, the Court found the arguments on procedural lapses and the modest quantity persuasive and ordered the petitioner to be released on bail upon furnishing a Rs 10,000 bond with two sureties of equal amount.
Issues considered
- Whether bail can be granted under the NDPS Act for possession of 205.94 g of contraband.
- Whether non‑compliance with Section 105 of the BNSS Act and Section 50 of the NDPS Act vitiates the seizure.
- Whether the quantity seized, though above the ‘small quantity’ limit, is insufficient to deny bail.
- Whether the petitioner’s lack of prior criminal antecedents and length of custody affect bail eligibility.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic possession
- quantity of contraband
- procedural compliance
- police seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14747 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Bikki Kumar Yadav @ Vikki Kumar Yadav S/O Pramod Kumar Yadav
Resident of Village- Madrauni, P.S.- Rangra, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kursela P.S. Case No.282 of 2025 registered for the
offence punishable under Sections 8(c) and 21(b) of the
Narcotic Drugs and Psychotropic Substances (in short
‘NDPS’) Act.
3. The case of the prosecution, in short is that from
the bagpack of the petitioner, altogether 205.94 gm of smack
like contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the weight of the contraband
Patna High Court CR. MISC. No.14747 of 2026(3) dt.15-04-2026
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which is alleged to be recovered from the possession of this
petitioner is with polythene. It has further been submitted that
the I.O. has recorded that the smack like contraband is
hygroscopic material and its quantum may increase or
decrease. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS. It has further been submitted that police have not
followed Section 50 of the NDPS Act. It has further been
submitted that though the alleged recovery of contraband is
more than small quantity but is much less than commercial
quantity. Learned counsel for the petitioner has further
submitted that petitioner is having no criminal antecedent and
he is in judicial custody since 12.12.2025.
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 court of
Patna High Court CR. MISC. No.14747 of 2026(3) dt.15-04-2026
3/3
learned Principal Sessions Judge, Katihar in connection with
Kursela P.S. Case No.282 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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