Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail and allowed the bail application.
Summary
The petitioner, Vishal Kumar, was arrested in connection with the recovery of 10 kg of ganja from co-accused Abhishek Kumar under Sections 8 and 20(b)(ii)B of the NDPS Act. The prosecution alleged that the petitioner fled the scene and his name appeared only in the co-accused's confessional statement. The petitioner claimed innocence, stating he was falsely implicated and has only one prior criminal antecedent, and has been in custody since 3 April 2026. He applied for regular bail, undertaking to cooperate with the trial and to appear before the police regularly. The Additional Public Prosecutor opposed the bail, but the Court, after considering the circumstances, allowed the regular bail application. The bail was granted on a bond of Rs.10,000 with two sureties and a condition to report to the police station every Sunday, with default leading to cancellation.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the offence and the circumstances of his alleged involvement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)B, 8
Subjects
- regular bail
- NDPS Act
- narcotics
- bail conditions
- confessional statement
- co-accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43758 of 2026
Arising Out of PS. Case No.-224 Year-2023 Thana- NADI P.S. District- Patna
======================================================
Vishal Kumar S/O Sitaram Ray R/O Village- Rampur Samchand, P.S-
Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 8/20(b)
(ii)B of the N.D.P.S. Act.
3. As per the prosecution case, 10 kg of ganja was
recovered from one Abhishek Kumar and that the petitioner is
said to have fled from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the name of
the petitioner has come only in the confessional statement of co-
accused. Petitioner has one criminal antecedent and he is in
custody since 03.04.2026. The petitioner undertakes to co-
Patna High Court CR. MISC. No.43758 of 2026(2) dt.06-07-2026
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operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge/ Special Judge
(N.D.P.S.), Patna /concerned Court below in connection with
Nadi P.S. Case No. 224 of 2023.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Raghopur Police Station, District- Vaishali on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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