Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Vivek Kumar, was arrested in connection with the recovery of 1.073 kg of opium from a vehicle and charged under several sections of the NDPS Act. He contended that he had no possession of the contraband, that the quantity was below commercial levels, and that he had no prior criminal record. The prosecution opposed bail, citing the seriousness of the offences. The court noted that the recovered quantity was below the commercial threshold, the petitioner had been in custody since June 2025, and a co-accused had already been granted bail. Considering these factors, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding appearance and surety composition.
Issues considered
- Whether bail can be granted to the petitioner under the NDPS Act given the quantity of opium recovered and the statutory provisions of Sections 37, 42 and 50.
- Whether the petitioner’s lack of possession and absence of prior criminal antecedents justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 18(c), 21(c), 25, 29, 31, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- opium
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87392 of 2025
Arising Out of PS. Case No.-280 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Vivek Kumar S/o- Late Durga Mahto R/v- Belahi Ram Belahi Raj Ps- Patahi
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Dhaka P.S.
Case No. 280 of 2025, instituted for the offences punishable
under Sections 8(c), 17(c), 18(c), 21(c), 25, 29 and 31 of the
NDPS Act.
3. Prosecution allegation, in short, is that there is recovery
of 1.073 Kg of opium from a Swift Dzire car and three persons
including the petitioner were arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
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the petitioner also submits that the petitioner has got no concern
with the alleged recovery of the opium. The recovered
contraband is below the commercial quantity. Hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. The
petitioner is in custody since 05.06.2025 and has got no criminal
antecedent. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act. Other co-accused has been granted bail by this
Court vide order dated 02-12-2025, passed in Cr. Misc. No.
80523 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, the recovered contraband being below the commercial
quantity, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhaka P.S. Case No.
280 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
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family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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