Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c), 25
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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