Patna High Court
Vikram VishwasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that regular bail could not be granted to the petitioners.
Summary
The petitioners, Vikram Vishwas and Shahabul Sheikh, were arrested in connection with a seizure of 179.80 liters of codeine-based cough syrup, alleged to violate Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. They applied for regular bail, claiming innocence and that they had been falsely implicated, and noted that they had been in custody since 18‑12‑2024. The court noted that an earlier bail application had been rejected on 05‑05‑2025 and found no fresh ground to revisit the matter. After considering the submissions and the seriousness of the offences under the NDPS Act, the judge declined to grant bail. Consequently, the petition for regular bail was dismissed.
Issues considered
- Whether regular bail can be granted to the accused under Sections 8(c), 21(c) and 29 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- drug seizure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80789 of 2025
Arising Out of PS. Case No.-950 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Vikram Vishwas Son of Vijay Vishwas Resident of village- Adilpur, P.S.
Krishnaganj, Distirct- Nadiya (W.B.)
2. Shahabul Sheikh Son of Akash Sheikh Resident of Village- Janirampur
Colony, P.S.- Sagarpada, District-Murshidabad (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
7 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Bhabua
Excise P.S. Case No. 950 of 2024 registered for the offences
punishable under Sections 8(c), 21 (c) and 29 of the N.D.P.S.
Act.
3. As per the prosecution case, total 179.80 liters in
eight plastic gunny bags codeine based phensedyl cough syrup
was recovered from the petitioners.
4. Learned counsel for the petitioners submits that
petitioners are innocent have committed no offence and have
falsely been implicated in this case. Petitioners are in judicial
Patna High Court CR. MISC. No.80789 of 2025(7) dt.25-02-2026
2/2
custody since 18.12.2024. It is next submitted that earlier prayer
for regular bail of the petitioners were rejected by this Court
vide order dated 05.05.2025 passed in Cr. Misc. No. 24222 of
2025.
5. Since, earlier prayer for regular bail of the
petitioners were rejected by this Court vide order dated
05.05.2025 passed in Cr. Misc. No. 24222 of 2025. This time
also there is no fresh ground to consider his prayer for regular
bail of the petitioners.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, I am not
inclined to grant regular bail to the petitioners.
7. Accordingly, prayer for regular bail of the
petitioners are hereby rejected once again.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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