Patna High Court
Vishwanath Kumar @ Birabnath KumasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Vishwanath Kumar, applied for bail in a case registered under Sections 21(a), 21(b) and 21(c) of the NDPS Act, alleging possession of a commercial quantity of narcotic substances. The prosecution alleged that 60 bottles of codeine‑phosphate & triprolidine hydrochloride syrup and 880 tablets of nitrazepam were recovered from a white bag in the petitioner’s vehicle. The petitioner has been in custody since 21‑Oct‑2025 and has two prior criminal antecedents. The Court considered the nature and quantity of the narcotics and the petitioner’s antecedents. Concluding that the circumstances did not warrant bail, the Court dismissed the bail application. The judgment was limited to the bail issue and did not express any opinion on the merits of the trial.
Issues considered
- Whether bail can be granted to the accused under Sections 21(a), 21(b) and 21(c) of the NDPS Act in view of the alleged possession of a commercial quantity of narcotic substances and the petitioner’s prior criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 21(b), 21(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- narcotic drugs
- criminal antecedents
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8125 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Vishwanath Kumar @ Birabnath Kumas S/o Lalbabu Das Resident of
Village- Narepur Paschim, Ward No. 03, P.S.- Bachhwara, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the State : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bachhwara P.S. Case No. 392 of 2025 registered for the offence
punishable under Sections 21(a), 21(b) and 21(c) of the NDPS
Act.
3. As per the prosecution case, there is recovery of 60
bottles of Codeine Phosphate & Triprolidine Hydrochloride
Syrup WISCOF Cough Syrup of 100 ml and 880 tablets of
Nitrazepam Tablets I.P. Nitzascen-10 from a white coloured bag
in the vehicle.
4. The petitioner is in custody since 21.10.2025 and
has two criminal antecedents.
5. Considering the recovery of commercial quantity of
Patna High Court CR. MISC. No.8125 of 2026(6) dt.14-05-2026
2/2
narcotic substances from the vehicle driven by the petitioner and
the criminal antecedents, I am not inclined to grant bail to the
petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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