Patna High Court
Vikash KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a cash bond, two sureties and conditions of court attendance.
Summary
Vikash Kumar was arrested for alleged possession of 9.23 grams of cannabis (smack) and charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended that the seizure was illegal because there was no independent witness to the search and the mandatory provisions of the NDPS Act were not complied with, and argued that the quantity was a small, non‑commercial amount. He had been in custody since 30‑12‑2025 and charges were framed on 30‑03‑2026, with no witnesses examined to date, making a speedy trial unlikely. The State opposed bail, relying on the FIR allegations. The High Court, after considering the small quantity, the procedural lapses, and the fact that charges were already framed, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of a blood‑relative bailor and mandatory court attendance. The order effectively granted bail pending trial.
Issues considered
- Whether bail should be granted in an NDPS case where a small quantity of narcotic is seized without an independent witness to the search.
- Whether the procedural non‑compliance with the NDPS Act warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- search and seizure
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32587 of 2026
Arising Out of PS. Case No.-2138 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Vikash Kumar S/O Virendra Mahto Resident Of Village Kumhar Toli, Utari,
Sangat, Ps Phulwari Sharif, Dist Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Union of India through the Director N.D.P.S Act India
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8(c) and 21(b) of the
N.D.P.S. Act.
3. As per the prosecution case, 9.23 gram of smack
was recovered from the pocket of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case
showing a recovery of 9.23 grams of smack from his pocket,
however, there is no independent witness to search and seizure
and the mandatory provisions of the N.D.P.S. Act have also not
been complied with. It is further submitted that the amount of
Patna High Court CR. MISC. No.32587 of 2026(3) dt.15-05-2026
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recovery is a little over small quantity, but much less than
commercial quantity. Further, the petitioner is in custody since
30.12.2025 and the charges have already been framed on
30.03.2026, however, no witness has been examined till date. It
is thus, submitted that there is no likelihood of conclusion of
trial in near future.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and also considering the quantity of recovery of
the contraband, coupled with the fact that charges have already
been framed and the petitioner undertakes to cooperate in the
trial, let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge (NDPS Act) Court No.1, Patna
/concerned Court below in connection with Special N.D.P.S.
Case No.51 of 2026 arising out of Phulwarisharif P.S. Case No.
2138 of 2025 subject to condition that:
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
Patna High Court CR. MISC. No.32587 of 2026(3) dt.15-05-2026
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(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/prachi/-
U T
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