Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Vishal Kumar, was arrested in a case alleging recovery of 42 grams of a heroin-like substance from his pocket, invoking Sections 8(c), 21(b), 22, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed innocence, argued that the seizure list violated Section 50 of the NDPS Act, and noted that the quantity seized was below commercial levels. The State opposed bail, while the petitioner’s counsel sought release, citing his pending bail in another case under the Bihar Prohibition and Excise Act. The Court examined the facts, the statutory provisions, and the petitioner’s custody status, and decided to grant bail on a cash bond of Rs.10,000 with two sureties, imposing several conditions including regular court appearances and non‑tampering with evidence. The bail order was issued subject to these conditions, and the application was allowed.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for the alleged possession of 42 grams of a narcotic substance.
- Whether the seizure list complied with the requirements of Section 50 of the NDPS Act.
- Whether the quantity seized qualifies as ‘small quantity’ or ‘commercial quantity’ for bail considerations.
Legislation cited
- Bihar Prohibition and Excise Act
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 27(A), 29, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic possession
- seizure list
- Section 50
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5031 of 2026
Arising Out of PS. Case No.-291 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Vishal Kumar S/O Om Prakash Chaudhari @ Prakash Chaudhary R/O
Village- Barah Patthar, Ward No.- 35, Dehri, P.S.- Dehri (Town), District-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Shivsagar P.S. Case No. 291 of 2025, dated 05-09-2025
instituted for the offence punishable under Sections 8( c), 21(b),
22, 27(A) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The allegation is of recovery of 42 gram of heroine
-like substance from the pocket of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that no contraband has been
recovered from the conscious possession of the petitioner. The
Patna High Court CR. MISC. No.5031 of 2026(2) dt.28-01-2026
2/3
seizure list has been prepared in violation of Section 50 of the
N.D.P.S. Act. The seized illicit article is more than the small
quantity but much below the commercial quantity. It is also
submitted that the petitioner has only one criminal case pending
against him under the provisions of the Bihar Prohibition and
Excise Act, in which he is already on bail and he has been in
judicial custody since 06.09.2025.
5. Learned A.P.P. has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon 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- Rohtas at
Sasaram, in connection with Shivsagar P. S. Case No. 291 of
2025, subject to the following conditions: (i) that the petitioner
shall co-operate in the trial and shall be properly represented on
each and every date fixed by the Court and on his absence on
two consecutive dates without sufficient reason, his bail bond
shall be cancelled by the court below, (ii) that one of the bailors
will be his own blood relation, preferably father, mother,
brother, sister and or his wife, (iii) that the bailor shall also state
on affidavit that he will inform the court concerned if the
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petitioner is made accused in any other case of similar nature
after his release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner will appear before the SHO of
concerned PS in the first week of each month till the framing of
charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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