Patna High Court
Viveka Kumar @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner, subject to a monetary bond and conditions prescribed under Section 480(3) of the BNSS, as the alleged quantity is minimal and the prosecution has not demonstrated compelling reasons to deny bail.
Summary
The petitioner, Viveka Kumar, was arrested in connection with a narcotics case alleging possession of 11.25 grams of smokeless powder, alleged to be in nine plastic bags. He claimed innocence, asserting that the recovered contraband was falsely attributed to him and that the information leading to his arrest stemmed from secret sources and personal enmity. The prosecution opposed bail, while the petitioner’s counsel highlighted the small quantity, lack of incriminating evidence, and the petitioner’s existing bail in an excise case. The court considered the statutory provisions governing bail under the NDPS Act and the Bihar Narcotic Substances (Control) Act, as well as the duration of custody and the nature of the alleged offence. After evaluating the submissions, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also stipulated attendance requirements and consequences for non‑compliance.
Issues considered
- What is the appropriate bail condition for an accused under Sections 8(c) and 21(b) of the NDPS Act when the alleged quantity is below commercial threshold?
- Whether the petitioner’s claim of false implication and lack of incriminating evidence warrants grant of bail?
- Whether the provisions of Section 480(3) of the Bihar Narcotic Substances (Control) Act apply to the bail order?
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- quantity of narcotics
- false implication
- Section 480(3) BNSS
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32381 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- TEGHRHA District- Begusarai
======================================================
Viveka Kumar @ Vivek Kumar S/O Manoj Chaudhary Resident of Village-
Daniyalpur tola, Ward No- 06, PS- Teghara, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Teghra P.S. Case No. 123 of 2026 arising out of
NDPS Case No. 31 of 2026, registered for the offences under
Sections 8(c), 21(b) of the NDPS Act.
3. As per the prosecution case, petitioner was
apprehended with 11.25 grams of smack.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has been
falsely implicated in this case. Nothing incriminating has been
recovered from person or possession of this petitioner and the
allegation that 11.25 gram of smack in 9 plastic bags has been
recovered from the possession of the petitioner is totally false. It
Patna High Court CR. MISC. No.32381 of 2026(2) dt.12-05-2026
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also appears from the FIR that the name of the petitioner first
transpired in secret information and thereafter he has been
falsely implicated in this case due to instigation by enemy of the
petitioner. There is non-compliance of mandatory provisions of
law and the witnesses are members of patrolling party. Learned
counsel further submits that the recovered contraband is much
less than the commercial quantity. Petitioner is having
antecedent of one case under Excise Act and he is on bail in the
said case. The petitioner is in custody since 09.03.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
period of custody of the petitioner and nature of allegation
against him, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Principal Sessions Judge,
Begusarai/concerned court, in connection with Teghra P.S. Case
No. 123 of 2026 arising out of NDPS Case No. 31 of 2026,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
Patna High Court CR. MISC. No.32381 of 2026(2) dt.12-05-2026
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(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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