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Patna High Court

Vicky Kumar @ Vicky Mestar @ Vikki KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the petitioner does not merit bail given the commercial quantity of the seized narcotic and the prior rejections.

Summary

The petitioner, Vicky Kumar, sought regular bail in a case under Sections 21(B) and 21(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where six cartons of Codiwell cough syrup were recovered from his tempo. The petitioner argued that he was merely a tempo driver, had no control over the contraband, and that the prosecution witnesses examined so far had not supported the case, contending that he was likely to be acquitted. The State opposed bail, emphasizing that the quantity seized constituted a commercial amount and that the bail petition had already been rejected twice on merit. The High Court considered the commercial quantity, the prior rejections, and the ongoing trial, and concluded that the petitioner did not merit bail at this stage. Consequently, the bail petition was dismissed, and the trial court was directed to expedite the disposal of the case.

Issues considered

  • Whether bail should be granted to the accused in a case involving commercial quantity of narcotic substances under the NDPS Act.
  • Whether the prior rejection of bail applications and the stage of trial justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • pre‑trial detention
  • trial acceleration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35099 of 2025
                     Arising Out of PS. Case No.-317 Year-2023 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Vicky Kumar @ Vicky Mestar @ Vikki Kumar Son of Yogendra Mestar
                 Village- Sonbarsa, Ward No 3, PS -Sonbarsa, District -Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sonbarsa P.S. Case No. 317 of 2023 for the offences registered

                   under Sections 21(B)(C) of the N.D.P.S. Act.

                                3. As per the prosecution case, six cartons Codiwell

                   cough syrup, each containing 100 bottles (each bottle containing

                   100 ml) were recovered from the Tempo of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   earlier the prayer for bail of the petitioner was twice rejected

                   vide orders dated 24.01.2024 and 29.11.2024 passed in Cr. Misc.

                   Nos. 86495 of 2023 and 44352 of 2024 respectively. The trial is

                   still going on in which only two prosecution witnesses have

                   been examined and the last witness was examined on
Patna High Court CR. MISC. No.35099 of 2025(7) dt.25-02-2026
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          04.03.2024. The witnesses who have been examined have not

          supported the prosecution’s case. He submits that petitioner was

          working as a tempo driver for running his livelihood whereas

          the tempo belongs to one Parmanand Sah and petitioner has no

          concern with the alleged cough syrup. He further submits that

          the said cartoons belong to one Vaidehi but he has not been

          made accused in this case. Petitioner is in custody since

          16.10.2023 and he is likely to be acquitted. He lastly submits

          that petitioner undertakes to cooperate in the trial.

                       5. Learned A.P.P. appearing on behalf of the State

          opposes the prayer for grant of bail to the petitioner and submits

          that earlier the prayer for bail of the petitioner was twice

          rejected on merit by this Court and trial is going on in which

          two witnesses have already been examined. The quantity of

          recovered cough syrup comes under the category of commercial

          quantity. Learned A.P.P. further submits that at this stage, the

          accused/petitioner does not deserve to be enlarged on bail.

                       6. Considering the fact and circumstances of the case,

          submissions made on behalf of the parties, earlier the bail

          petition of the petitioner was rejected twice, recovery of

          commercial quantity of cough syrup and the case is running for

          prosecution witnesses, this Court is not inclined to enlarge the
            Patna High Court CR. MISC. No.35099 of 2025(7) dt.25-02-2026
                                                        3/3




                      petitioner on bail. Accordingly, the prayer for bail of petitioner

                      is rejected.

                                   7. However, the learned Trial Court is directed to

                      expedite the disposal of the case.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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