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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners.

Summary

Vikash Kumar and Rohit Kumar were arrested in a special NDPS case after a police raid on a co-accused’s house uncovered weapons, cash and ganja. The petitioners contended that they were falsely implicated, that no incriminating material was found on them, and that the only link was a confessional statement of the co-accused, which they argued lacked evidentiary value. They had no prior criminal record and sought bail, while the State opposed the relief. The court examined the lack of direct evidence, the petitioners’ custody period, and parity with co-accused who had already been bailed. Concluding that the circumstances did not justify continued detention, the court granted bail on condition of a bond and sureties.

Issues considered

  • Whether bail should be granted to the petitioners under the NDPS Act and related statutes given the facts of the case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • false implication
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78562 of 2025
                          Arising Out of PS. Case No.-264 Year-2025 Thana- BEUR District- Patna
                 ======================================================
           1.     Vikash Kumar Son of Daroga Singh Resident of Village- Patlapur, P.S.-
                  Shahpur, District- Patna
           2.    Rohit Kumar Son of Late Kamlesh singh Resident of Village- Dharampur,
                 Ps- Athmalgola, Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr.Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   06-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Special

                   Case (NDPS) No. 152 of 2025 arising out of Beur P.S. Case No.

                   264 of 2025 instituted for the offences under Sections 111(2),

                   61(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-b)a,

                   26, 35 of the Arms Act and Sections 8/20(b)(ii)(A) of the

                   N.D.P.S. Act.

                                3. Prosecution case, in short is that, on 25.05.2025,

                   during police raid at the rented house of Sagar Kumar (Sai

                   Niwas), seven men and two women were apprehended with 10

                   country-made pistols, 19 magazines, arms parts, 51,550 cash, ₹
Patna High Court CR. MISC. No.78562 of 2025(4) dt.06-02-2026
                                            2/3




          and 800g ganja. On interrogation, they disclosed running an

          illegal arms and ganja trade.

                       4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          Charge-sheet has been submitted in this case. Petitioners are in

          custody since 27.05.2025. Petitioners have no criminal

          antecedent. Learned counsel further submitted that the name of

          the petitioners surfaced in this case on the basis of confessional

          statement of co-accused Sagar Kumar, which has no evidentiary

          value. There is no allegation of tampering of witnesses alleged

          against the petitioner. No incriminating material has been

          recovered from the conscious possession of the petitioners. The

          recovery of narcotic substance has been made from the almira of

          co-accused Sagar Kumar. Learned counsel for the petitioner

          further submits that other co-accused has been granted bail by

          this Bench vide order dated 15.09.2025 passed in Cr. Misc. No.

          65418 of 2025. There is no compliance of Sections 42 and 50 of

          the N.D.P.S. Act as also of Section 103 of the Bharatiya

          Nagarika Suraksha Sanhita, 2023.

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

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances
           Patna High Court CR. MISC. No.78562 of 2025(4) dt.06-02-2026
                                                       3/3




                     of the case, claim based on parity as also the period of custody

                     undergone by the petitioners, this Court is inclined to grant bail

                     to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Special Case

                     (NDPS) No. 152 of 2025 arising out of Beur P.S. Case No. 264

                     of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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