Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22(c), 25, 29, 8(c)
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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