Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vikram Kumar, applied for regular bail in a case registered under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that he was a gratuitous passenger in a seized vehicle and that no contraband was found on his person. The police had intercepted an Alto car and recovered 23.1 grams of brown sugar from co‑accused Niraj Kumar Chaudhary and 6.33 grams from Kanhaiya Kumar, along with a mobile phone from the petitioner. The petitioner claimed innocence, no procedural compliance under Section 50 of the NDPS Act, and highlighted his lack of criminal antecedent and custody since 18‑01‑2026. The State opposed bail. Considering the facts, the court found no material reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether regular bail should be granted to the petitioner under the NDPS Act given the circumstances of the seizure and his alleged role as a gratuitous passenger.
- Whether the procedural requirements of Section 50 of the NDPS Act were complied with in the petitioner’s arrest.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- Section 8
- Section 20
- Section 50
- regular bail
- gratuitous passenger
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18882 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Champanagar District- Purnia
======================================================
Vikram Kumar Son of Krishna Mohan Chaudhary @ Krishn Mohan
Chaudhari Resident of Village- Masuriya ward no. 12, P.S.- Sarsi, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avnish Kumar, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Champanagar P.S. Case
No. 10 of 2026 dated 17.01.2026 registered for the offences
punishable under Sections 8(c) and 20(b) of the Narcotic Drugs
and Psychotropic Substances Act.
3. As per the allegation, an Alto car was intercepted
and four persons were apprehended including the petitioner and
from the possession of co-accused Niraj Kumar Chaudhary 23.1
grams smack/brown sugar was recovered and from the
possession of Kanhaiya Kumar 6.33 grams of smack/brown
sugar was recovered and it is alleged that from the petitioner one
Patna High Court CR. MISC. No.18882 of 2026(2) dt.25-03-2026
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mobile phone was recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has been further submitted that no contraband article has
been recovered from the possession of the petitioner. Moreover,
no procedure, as prescribed under Section 50 of N.D.P.S, has
been followed and petitioner happens to be a gratuitous
passenger. It is further submitted that petitioner is in custody
since 18.01.2026 and having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as period of custody, the petitioner above-named, is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Purnea in connection with Champanagar P.S. Case No. 10 of
2026.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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