Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court dismissed the bail application, holding that there was no ground to grant bail at this stage of the NDPS trial.
Summary
Vicky Kumar was arrested after 214 kg of ganja was recovered from his possession and was charged under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the NDPS Act. He filed three separate bail applications; the first two were rejected by the trial court and the High Court respectively. In the present application, the petitioner argued that he was merely a helper and had no knowledge of the narcotics, while the NCB opposed bail citing the massive seizure. The Patna High Court observed that six of seven witnesses had already been examined and the trial was nearing conclusion, finding no merit to revisit its earlier order. Consequently, the Court dismissed the bail application, reiterating that the observations were prima facie and would not affect the ongoing trial.
Issues considered
- What factors justify granting or denying regular bail in a case under the NDPS Act involving a large quantity of narcotics?
- Whether the High Court can revisit its earlier order denying bail when the trial is close to completion.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics seizure
- regular bail
- criminal procedure
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17933 of 2026
Arising Out of PS. Case No.-15 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
Vicky Kumar S/o- Late Vijay Prasad R/o - Anguari, P.S- Anguari, District -
Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Union of India thorugh the Narcotics Control Bureau, Patna Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner seeking bail
in connection with NCB Case No. 15 of 2023 registered for the
offence under Sections 8(c), 20(B)(ii)(c), 25 and 29 of the
NDPS Act.
3. The petitioner’s bail application was earlier rejected
on two occasions: first, on 03.10.2024 in Cr. Misc. No. 66189 of
2024, and second, on 25.07.2025 in Cr. Misc. No. 10371 of
2025.
4. The order dated 25.07.2025 in Cr. Misc. No. 10371
of 2025 reads as follows:
Heard the learned counsel for the
Patna High Court CR. MISC. No.17933 of 2026(3) dt.03-04-2026
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petitioner, the learned APP for the
State and the learned CGC for the
UOI.
2. This is the 2nd attempt of the
petitioner. Earlier the bail
application of the petitioner was
rejected vide order dated
03.10.2024 passed in Cr. Misc. No.
66189 of 2024.
3. The petitioner seeks regular bail in a
case registered for the offence
under Sections 8(c), 20(b)(ii)(c),
25 and 29 of the NDPS Act. 4. The
following order was passed on
03.10.2024 in Cr. Misc. No. 66189
of 2024:-
Heard the learned counsel for the
petitioner and learned APP for
the State.
2. The petitioner seeks regular bail
in connection with NCB Crime
No. NCB/PZU/V/15/2023
registered for the offence under
Sections 8(c) read with 20(b)(ii)
(c), 25, 29 of the NDPS Act.
3. The petitioner is named in the
F.I.R. Thereis recovery of 214
K.G. of ganja from the
possession of the petitioner.
4. It has been submitted by the
learned counsel for the
petitioner that the petitioner is
the helper of the truck and he
has no knowledge about the
ganja being carried in the truck.
Petitioner is in jail since
12.12.2023
5. Learned counsel for the N.C.B;
Smt. Shail Kumari has
Patna High Court CR. MISC. No.17933 of 2026(3) dt.03-04-2026
3/4
vehemently opposed the
application for bail.
6. Considering the huge recovery
of ganja from the possession of
the petitioner, I am not inclined
to grant bail to the petitioner.
Accordingly, this application
for regular bail is dismissed.
7. The Special Judge, NDPS Act,
Aurangabad is directed to
expedite the trial of the
petitioner. The N.C.B. will
produce the witness(s) on the
dates fixed so that trial is not
delayed.
8. If the trial is delayed by the
N.C.B., the petitioner has
liberty to pray for bail.
5. The learned CGC, Ms. Shail Kumari
submits that two witnesses have
been examined and the rest of the
witnesses shall be examined within
six weeks.
6. In these circumstances, this application
is dismissed with liberty to the
petitioner to approach this Court if
the trial is delayed by the NCB.
5. Out of seven witnesses, six witnesses has been
examined and the trial is on the verge of conclusion. This Court
finds no ground to review its earlier order. Accordingly, this
application for regular bail stands rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.17933 of 2026(3) dt.03-04-2026
4/4
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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