Patna High Court
Vicky Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner is deemed a drug peddler.
Summary
Vicky Kumar was arrested in connection with a case registered under the NDPS Act for possession of 29 packets of smack weighing about 15.70 grams. He has been in custody since 22 November 2025 and the prosecution alleges he is a drug peddler. The petitioner applied for bail, arguing that he should be released pending trial. The court examined the nature of the offence and the petitioner’s alleged role as a drug peddler, and concluded that bail was not appropriate in these circumstances. Consequently, the bail application was dismissed, with the court noting that the decision pertains only to this application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused alleged to be a drug peddler under Sections 8, 20(b)(ii) and 22(c) of the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 22(c), 8
Subjects
- bail
- NDPS Act
- drug peddling
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21162 of 2026
Arising Out of PS. Case No.-875 Year-2025 Thana- DIGHA District- Patna
======================================================
Vicky Kumar @ Golu S/o Arun Paswan Resident of - Makhdumpur, P.S -
Digha, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Shankar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Digha
P.S. Case No. 875 of 2025 registered for the offence under
Sections 8, 20(b)(ii)© and 22(c) of the NDPS Act.
3. As per the prosecution case, the recovery is of 29
packets of Smack weighing about 15.70 grams.
4. The petitioner is in custody since 22.11.2025 and
from the perusal of records, it appears that the petitioner is a
drug peddler.
5. Considering the fact that the petitioner is a drug
peddler, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. If the trial of the petitioner is delayed by the
Patna High Court CR. MISC. No.21162 of 2026(2) dt.06-04-2026
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prosecution then the petitioner may renew his prayer for bail.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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