Patna High Court

Bhola Kumar @ VikashversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted and dismissed the application.

Summary

Bhola Kumar, the petitioner, was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances Act, the Arms Act and the NDPS Act, following the seizure of 95.91 grams of smack, a country‑made pistol, a live cartridge and Rs.16,000. He has been in custody since 11 October 2025 and applied for regular bail. The court examined the seriousness of the offences and the nature of the seized contraband. Considering the recovery of narcotics and a firearm, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether regular bail should be granted to an accused charged under the Bihar Narcotic Substances Act, Arms Act and NDPS Act with seizure of narcotics and a firearm.
Whether the seriousness of the offences and the nature of the seized items preclude the grant of bail.

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
Bihar Narcotic Substances Act — s. 111(2)(b), 111(3), 111(4), 310(4), 310(5)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 8(c)

Subjects

regular bail
narcotics
arms possession
NDPS Act
bail denial
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15731 of 2026
                    Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Bhola Kumar @ Vikash S/o Shatrudhan Sahu @ Shatrudhan Saw R/o Village
                 - Basuara, P.S - Madhubani Town, District -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sudhir Kumar Mishra
                 For the Opposite Party/s :      Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Raj Nagar P.S. Case No. 442 of 2025 registered for the offence

                   under Sections 310(4), 310(5), 111(2)(b), 111(3), 111(4) of the

                   BNS, under Sections 25(1-B)a, 26, 35 of the Arms Act and

                   under Sections 8(c), 21(b), 29 of the NDPS Act.

                                3. As per the allegation, the recovery is of 95.91

                   grams of Smack, a country made pistol and a live cartridge and

                   Rs. 16,000/- from the accused person and the petitioner is one of

                   them.

                                4. The petitioner is in custody since 11.10.2025.

                                5. Considering the recovery of smack and country

                   made pistol from the accused persons, this Court is not inclined

                   to grant bail to the petitioner.
          Patna High Court CR. MISC. No.15731 of 2026(2) dt.16-03-2026
                                                      2/2




                                 6. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U

Continue reading with your account

Checking your session…