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Patna High Court

Vishwanath Kumar @ Birabnath KumasversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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