Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 42, 50, 8(c)
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
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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
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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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