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Patna High Court

Vikrant kumar @ Bikrant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.

Summary

Vikrant Kumar was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 55.11 grams of heroin (referred to as "smack") and Nepalese currency worth Rs. 20,200. The petitioner claimed innocence, argued that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act, and contended that the quantity seized was below commercial levels. He had been in judicial custody since 24 February 2026, while the State opposed bail citing a prior criminal antecedent. After hearing both sides, the High Court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs. 10,000 with two sureties. The order was directed to the Sessions/Special Judge of East Champaran.

Issues considered

  • Whether bail can be granted under the NDPS Act for possession of 55.11 grams of narcotic substance.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • prior criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28174 of 2026
                  Arising Out of PS. Case No.-23 Year-2026 Thana- NAKARDEI District- East Champaran
                 ======================================================
                 Vikrant kumar @ Bikrant Kumar Son of Ramekbal Sah @ Rambali Sah
                 Resident of village -srisiya mal, Ps- Nakardeyee, Dist- East champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Nakardei P.S. Case No. 23 of 2026, N.D.P.S. G.R. Case

                   No. 75 of 2026 registered for the offence punishable under

                   Sections 8(c), 21(b) and 29 of the N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that

                   altogether 55.11 grams of smack and Rs. 20,200 of Nepalese

                   currency were recovered from the possession of the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.28174 of 2026(2) dt.04-05-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the alleged recovery of contraband is though more than

                     small quantity but is much less than commercial quantity.

                     Moreover, the petitioner is languishing in judicial custody since

                     24.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

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

                     of the like amount each to the satisfaction of the learned

                     Sessions Judge/Special Judge, East Champaran, Motihari in

                     connection with Nakardei P.S. Case No. 23 of 2026, N.D.P.S.

                     G.R. Case No. 75 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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