Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 61(2)
- N.D.P.S. Act — s. 20(b)(ii)(A), 42, 50, 8
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, ₹
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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
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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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