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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

Vikash Kumar was arrested in connection with a case registered under Sections 21(c), 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 176 bottles of cough syrup recovered from his husk house. The petitioner, who has been in custody since 23 September 2025 and has one prior criminal antecedent, applied for regular bail, claiming innocence. The State opposed the bail on the ground of the large quantity of the seized narcotic preparation and the seriousness of the offences. The Court examined the facts, the nature of the contravention of the NDPS Act and the petitioner’s antecedents. Considering the substantial quantity involved, the Court dismissed the bail application, emphasizing that its observations were prima facie and limited to the bail matter. The decision does not prejudice the merits of the trial that will continue.

Issues considered

  • Whether regular bail can be granted to an accused under Sections 21(c), 22(c) and 25 of the NDPS Act when a large quantity of narcotic preparation has been seized.
  • Whether the petitioner’s prior criminal antecedent and the seriousness of the offence preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • drug seizure
  • criminal antecedent
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7382 of 2026
                     Arising Out of PS. Case No.-195 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Vikash Kumar S/o- Mr. Satyanarayan Kumar R/v- Andauli W.No-7, Ps-
                 Kishanpur Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mr. Purushottam Kumar, Advovate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-04-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Kishanpur P.S. Case No. 195 of 2025 registered for the offence

                   under Sections 21(c), 22(c), 25 of the N.D.P.S. Act.

                                 3. The recovery is of 176 bottles of cough syrup from

                   the husk house of the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 23.09.2025 having one criminal

                   antecedent.

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

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.7382 of 2026(4) dt.09-04-2026
                                                        2/2




                                   6. Considering the facts and circumstances of the case

                      and also huge quantity of recovery from the husk house of the

                      petitioner, this application for regular bail is dismissed.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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