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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

Vijay Kumar was arrested in connection with a case registered under Sections 8(c), 21, 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that two persons travelling in an auto were found with a bag containing a large quantity of intoxicating medicines, allegedly recovered from a compound belonging to a person named Mehta. The petitioner contended that he was falsely implicated, that the FIR lacked a detailed seizure list, and that he had no prior criminal record, having been in judicial custody since 11‑04‑2026. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the Sessions/Special Judge.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act for the offences alleged in the FIR
  • Whether the deficiencies in the FIR and lack of a seizure list justify granting bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drugs
  • seizure
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39142 of 2026
                    Arising Out of PS. Case No.-110 Year-2026 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Vijay Kumar S/O Shankar Chauhan R/O Kadamkuan,Ward no- 38, P.S.-
                 Kadamkuan, District- Patna

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

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

2   23-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chitragupta Nagar P.S. Case No. 110 of 2026 registered for

                   the offence punishable under Sections 8(c), 21, 22(c), 25 and 29

                   of the N.D.P.S. Act.

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

                   persons in an auto were found. They were having a bag and in

                   that bag, there was huge amount of intoxicating medicines. They

                   were being asked, and they stated that they had brought the

                   same from one Mehta, and from the compound of Mehta, the

                   recovery of certain medicines was made.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
           Patna High Court CR. MISC. No.39142 of 2026(2) dt.23-06-2026
                                                       2/2




                     committed no offence. He has been falsely implicated in this

                     case. He also submits that from perusal of the FIR, it is clear

                     that though it is stated that from the bag huge amount of

                     intoxicating medicines were recovered but the same are not

                     detailed in the FIR, nor is there any seizure list there; recovery,

                     if any, has been made from Mehta Compound. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 11.04.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 (NDPS Act), Patna in connection

                     with Chitragupta Nagar P.S. Case No. 110 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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