Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8C
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
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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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