Patna High Court

Vikky Khalifa @ Vikki Khalifa @ Vicky @ Vikki KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Vicky Khalifa, was charged under Section 317(5) of the Bihar Narcotic Substances Act and several provisions of the NDPS Act for alleged possession of 10 grams of opium recovered from a joint house. He contended that he had no direct possession of the contraband, had no prior criminal record, and that a co‑accused had already been granted bail in a similar case. The State opposed the bail application, arguing the seriousness of the offence. The court considered the quantity (more than small but less than commercial), the lack of personal recovery, the petitioner’s clean antecedent, and the precedent of bail to the co‑accused. Concluding that the circumstances warranted bail, the court ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act despite the alleged quantity of narcotics.
Whether the quantity of 10 grams of opium justifies denial of bail.
Whether the prior grant of bail to a co‑accused influences the petitioner's bail application.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(a), 18(a), 21(b), 8, 8(c)

Subjects

bail
NDPS Act
narcotics
regular bail
quantity of contraband
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18644 of 2026
                    Arising Out of PS. Case No.-380 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Vikky Khalifa @ Vikki Khalifa @ Vicky @ Vikki Kumar Son of Late Lal Bau
                 @ Samsuddin @ Rajan Khalifa R/o Village - Aaga Tola, P.S.- Muffasil, Dist. -
                 Purnea.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 317 (5) of

                   the BNS and Sections 8, 17 (a), 18 (a), 8 (c) and 21 (b) of the

                   NDPS Act.

                                3. The case of the prosecution is that from the joint

                   house, altogether 10 grams of opium, some cash and mobile

                   were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the possession of this

                   petitioner whereas recovery has been made from a joint house.
            Patna High Court CR. MISC. No.18644 of 2026(2) dt.18-03-2026
                                                        2/2




                      It is further submitted that similarly situated co-accused Md.

                      Tausif has already been granted bail by a co-ordinate Bench of

                      this Court vide order dated 14.10.2025 passed in Cr. Misc. No.

                      73026 of 2025. The case of this petitioner stands on better

                      footing. It is further submitted that the alleged quantity of

                      contraband is more than the small quantity but less than the

                      commercial quantity. Moreover, the petitioner is languishing in

                      judicial    custody       since    15.12.2025        having   no   criminal

                      antecedent.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Sadar P.S. Case No. 380 of 2025 arising

                      out of Special NDPS Case No. 249 of 2025 on furnishing bail

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

                      amount each to the satisfaction of learned Special Judge (NDPS

                      Act), Purnea.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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