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Patna High Court

Vikash Kumar @ VikasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Vikash Kumar was arrested in connection with the seizure of 10.250 kg of ganja and 508.320 litres of illicit foreign liquor from a truck, alleged under sections 8 and 20(b)(ii)(B) of the NDPS Act and section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the truck, asserting that the driver Raju Kumar was responsible and that no contraband was found in his possession. He also argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act while preparing the seizure list and highlighted his clean criminal record and custody since 21 March 2026. The State opposed the bail application, citing the seriousness of the offences. After considering the facts, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged offences under the NDPS Act and Bihar Prohibition and Excise Act
  • Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list affects the bail decision
  • Whether the petitioner’s claim of not being the owner or driver of the vehicle suffices to merit bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • drug trafficking
  • illicit liquor
  • seizure procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31143 of 2026
                        Arising Out of PS. Case No.-114 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Vikash Kumar @ Vikas S/o Krishna Rai R/o Vill - Rikabganj Katra Bazar, P.S
                 - Malsalami, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Zainul Abedin,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-05-2026                    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 8/20(b)(ii)

                   (B)of NDPS Act and under section 30(a) Bihar Prohibition and

                   Excise Act.

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

                   truck, altogether 10.250 Kg of Ganja along with 508.320 liters

                   of illicit foreign liquor was recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is neither owner nor driver of the truck. One

                   Raju Kumar is the driver of the Truck and he has taken name

                   this petitioner. Learned counsel for the petitioner has submitted

                   that nothing has been recovered from the possession of the
            Patna High Court CR. MISC. No.31143 of 2026(2) dt.13-05-2026
                                                        2/2




                      petitioner. The witnesses of the seizure list are police personnel

                      and police has not complied Section 105 of BNSS while

                      preparing seizure list. Recovery was made from possession of

                      one Raju. A statement has been made in para-3 of this petition

                      that the petitioner has got no criminal antecedent. Moreover, he

                      is languishing in judicial custody since 21.03.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Nadi P.S. Case No. 114 of 2026 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/ Special

                      Judge(NDPS), Patna.



                                             (Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-

U      T


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