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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
           Patna High Court CR. MISC. No.5031 of 2026(2) dt.28-01-2026
                                                       3/3




                     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/-

U      T


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