Patna High Court
Vivek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting regular bail with specified conditions.
Summary
Vivek Kumar Singh was arrested in connection with a case under the NDPS Act for possession of 400 grams of cannabis resin and cash. He has been in custody since 12‑December‑2025 and was not apprehended at the scene, but was identified by a co‑accused. The petitioner applied for regular bail, arguing his non‑presence at the spot of seizure. The court, noting the circumstances and the length of his detention, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of weekly police‑station attendance and automatic cancellation if he is later implicated in any NDPS or Excise offence. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused under sections 8(c), 21(b) and 22 of the NDPS Act who was not caught on the spot.
- Whether the conditions imposed by the court are appropriate under the NDPS Act and criminal procedure law.
Legislation cited
- Excise Act
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 8(c)
Subjects
- NDPS Act
- regular bail
- drug offence
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21230 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Vivek Kumar Singh Son of Chunchun Singh Resident of Village-
Musharniyarahi Bauan Tola, Bhatkhora, P.S.- Murliganj, District- Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. N.K. Agarwal, Sr. Advocate
Mr. Barun Kumar Singh, Advocate
Mr. Kumar Praveen, Advocate
For the State : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-07-2026 Heard learned Senior Counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Murliganj P.S. Case No.423 of 2025 registered
for the offence under sections 8(c), 21(b) and 22 of the N.D.P.S.
Act.
3. There is recovery of 400 gram of smack and
cash of Rs.9400/- from a vehicle. The petitioner is in custody
since 12.12.2025.
4. It has been submitted by learned counsel for
the petitioner that the petitioner was not caught on the spot and
Patna High Court CR. MISC. No.21230 of 2026(3) dt.02-07-2026
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has been named by the co-accused, who was caught on the spot.
5. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
6. Considering the fact that the petitioner was
not caught on the spot and his period of custody, which is from
12.12.2025, this bail application is allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge -cum- Special Judge, NDPS Act,
Madhepura / concerned Court below in connection with
Murliganj P.S. Case No.423 of 2025.
8. This is also subject to the condition that the
petitioner shall also mark his attendance at Murliganj Police
Station, District - Madhepura on every Sunday of the month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
9. If in future the petitioner is found to be
involved in another case under the N.D.P.S. Act or the Excise
Act, his bail bonds shall automatically be cancelled by the Court
below.
10. It is, however, clarified that the observations
Patna High Court CR. MISC. No.21230 of 2026(3) dt.02-07-2026
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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)
pawan/-
U T
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