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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the quantity involved is less than the small quantity and the petitioner is a person of clean antecedent.

Summary

The petitioner, Vivek Kumar, was arrested in connection with a case under Sections 8C and 21(b) of the NDNDPS Act for possession of 18.67 g of synthetic drugs, four bottles of Onerex cough syrup and eight tablets of Nitravet. He claimed innocence, asserted a clean antecedent, and argued that the seized contraband fell within the "small quantity" threshold. The State opposed bail, contending the seriousness of the offences. The court examined the facts, noting the small quantity and the petitioner's clean record, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial. The bail order was directed to the Sessions Judge‑cum‑Special Judge (NDPS) in Sitamarhi.

Issues considered

  • Whether bail should be granted in an NDPS case where the quantity of narcotics is less than the statutory small‑quantity threshold
  • Whether the petitioner’s claim of innocence and clean antecedent justify bail
  • Whether the conditions imposed for bail are appropriate under the NDPS Act

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • drug possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69754 of 2025
                     Arising Out of PS. Case No.-148 Year-2025 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Vivek Kumar S/o Jhagru Mahra Chamar @ Jhagru Mahra Ram R/o Village-
                 Dostiya Pipariya, P.S.- Gaur, District- Rotahat (Nepal)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha, Adv.
                 For the State            :        Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   05-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Bairganiya P.S. Case No. 148 of 2025,

                   registered for the offences punishable under Section 8C, 21(b)

                   of NDPS Act.

                                    3. As per allegation, 18.67 gm synthetic drugs, 4

                   bottles of onerex cough syrups and 8 tablets of Nitravet 10 mg

                   were recovered from the possession of the petitioner.

                                   4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. He is a person of clean antecedent and the quantity

                   of cough syrup and sedative tablets, recovered from the
           Patna High Court CR. MISC. No.69754 of 2025(6) dt.05-02-2026
                                                       2/2




                     possession of the petitioner, is less than the small quantity. The

                     petitioner is under custody since 04.07.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. The petitioner is a person of clean antecedent and

                     the contraband, alleged to be recovered from the possession of

                     the petitioner, is less than the small quantity

                                    7. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Sessions

                     Judge-cum-Special Judge (NDPS) Act, Sitamarhi in connection

                     with Bairganiya P.S. Case No. 148 of 2025, subject to the

                     condition that the petitioner shall cooperate in the disposal of

                     trial and make himself available as and when required by the

                     court.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T


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