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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.87392 of 2025(2) dt.13-01-2026
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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
           Patna High Court CR. MISC. No.87392 of 2025(2) dt.13-01-2026
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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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