Patna High Court
Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner.
Summary
Vinod Kumar was arrested on 15 July 2025 for alleged recovery of 30.7 kg of opium straw from a motorcycle he was riding. He applied for bail, contending that the seized material was not in his conscious possession, there were no independent witnesses, the seizure violated Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the quantity was below the commercial limit of 50 kg. The State opposed bail. The Court examined the facts, the statutory provisions of the NDPS Act and the alleged procedural lapse, and noted the petitioner’s clean antecedents. It ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to the satisfaction of the District & Additional Sessions Judge. The bail application was allowed.
Issues considered
- Whether bail should be granted in an NDPS case involving alleged possession of 30.7 kg of opium straw.
- Whether the seizure of the opium straw violated Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the quantity being below the commercial limit of 50 kg influences the grant of bail.
- Whether the petitioner’s clean antecedents justify bail despite the serious nature of the offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Narcotic Drugs and Psychotropic Substances Act — s. 15(c), 18, 25, 29, 8
Subjects
- bail
- NDPS Act
- opium straw
- possession
- commercial limit
- procedural violation
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7573 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- SUHAIL District- Gaya
======================================================
Vinod Kumar, Male, aged about 21 years, S/O Late Mahendra Yadav, resident
of Village- Suhail, P.S- Suhail, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with NDPS
Case No.81 of 2025 arising out of Suhail PS Case No.57 of
2025 dated 14.07.2025, instituted for the offence punishable
under Sections 8, 15(c), 18, 25, 29 of the Narcotic Drugs and
Psychotropic Substances Act.
3. Allegation is of recovery of 30.700 Kg. Opium
straw (Doda) from the petitioner which was kept in two plastic
bags on the motorcycle being used by the petitioner and co-
accused.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. There is no independent witnesses on the seizure
Patna High Court CR. MISC. No.7573 of 2026(2) dt.04-02-2026
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list and further there is complete violation of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel
further submits that the recovered quantity is an intermediate
quantity and is under the commercial limit of poppy straw i.e.,
50 Kg. Lastly, it is submitted that the petitioner is in custody
since 15.07.2025 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the District & Additional Sessions
Judge-XVII, Gaya, in NDPS Case No.81 of 2025 arising out of
Suhail PS Case No.57 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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