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Patna High Court

Vinod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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