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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner, subject to a bond and conditions of appearance.

Summary

Vikash Kumar was arrested in Purnea Sadar police case No.435 of 2025 for alleged possession of 102.54 grams of cannabis, part of a total 205.24 grams recovered from co‑accused. He filed a bail application asserting his innocence, that the seized quantity is below the commercial threshold, and that he has no prior criminal record and that sections 42 and 50 of the NDPS Act were not complied with. The State opposed the bail. The Court examined the low quantity, the period of custody since 8 September 2025, and the petitioner’s clean antecedents, and decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions of regular appearance. The order also directed that charges be framed, if not already done, before release.

Issues considered

  • Whether bail can be granted in an NDPS case where the seized narcotic quantity is below the commercial quantity
  • Whether non‑compliance of sections 42 and 50 of the NDPS Act bars the grant of bail
  • Whether the petitioner’s period of custody and lack of prior convictions justify bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drugs
  • commercial quantity
  • criminal procedure
  • Purnea
  • possession
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7161 of 2026
                    Arising Out of PS. Case No.-435 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Vikash Kumar S/O Rajendra Sah @ Raju Sah Resident of Village-
                 Champanagar, PO- Banaili, P.S- Champanagar, District- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Advocate
                                                  Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with NDPS

                   Case No. 263 of 2025, arising out of Purnea Sadar PS Case No.

                   435 of 2025 instituted for the offences under Sections 8(c) &

                   21(b) of the NDPS Act.

                            3.      Prosecution allegation, in short, is that there is

                   recovery of total 205.24 grams smack from the possession of

                   co-accused including the petitioner, out of which 102.54 grams

                   smack was recovered from the petitioner’s possession.

                            4.      Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet            been submitted in this case. No
Patna High Court CR. MISC. No.7161 of 2026(2) dt.10-02-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          further submits that petitioner has no concern with the recovered

          contraband. The recovered contraband is below the commercial

          quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable

          in the present case. The petitioner is in custody since 08.09.2025

          and has got no criminal antecedent. There is no compliance of

          Sections 42 and 50 of the N.D.P.S. Act.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, recovery below commercial quantity and the period

          of custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with NDPS Case No. 263 of 2025, arising out of

          Purnea Sadar PS Case No. 435 of 2025, subject to the following

          conditions:

                  (I) One of the bailors shall be own/close member of the
           Patna High Court CR. MISC. No.7161 of 2026(2) dt.10-02-2026
                                                       3/3




                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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