Patna High Court
Vikash Kumar @ Vikas KumarversusThe Union of India through Secretary, Ministry of Home, Narcotic Durgs Control Bureau, New Delhi
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
Vikash Kumar was arrested in Sursand Police Station for alleged possession of 105.47 grams of a charas‑like substance, charged under Sections 8(C), 20(B)(ii)(C) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner contended that he was falsely implicated, that the substance was not in his conscious possession, that the quantity fell between the small and commercial thresholds, and that the mandatory provisions of Section 50 of the NDPS Act had not been complied with. He also highlighted that he had been in custody since 10‑10‑2025 and had two other cases pending for which he was already on bail. The prosecution opposed the bail application. After hearing both sides, the Court granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, a familial bailor, an affidavit regarding future accusations, prohibition on tampering with evidence, and monthly appearance before the SHO until framing of charge.
Issues considered
- Whether regular bail can be granted under the NDPS Act when the alleged quantity exceeds the small‑quantity threshold but is less than commercial quantity.
- Whether the procedural requirements of Section 50 of the NDPS Act have been complied with in the present case.
- Whether the petitioner’s continued custody and pending criminal cases affect the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(C), 27, 50, 8(C)
Subjects
- regular bail
- Narcotic Drugs and Psychotropic Substances Act
- Section 50
- charas
- possession
- quantity
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87410 of 2025
Arising Out of PS. Case No.-369 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Vikash Kumar @ Vikas Kumar S/o- Jaikishore Paswan Resident of Village-
Sursand ward No 1 PS- Sursand, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Ministry of Home, Narcotic Drugs
Control Bureau, New Delhi New Delhi
2. The State of Bihar, through the Department of Narcotic Drugs Control
Bureau, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. K.N.Singh(A.S.G.)
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Union of India.
2. The petitioner seeks regular bail in Sursand P.S.
Case No. 369 of 2025 dated 10-10-2025, registered under
Sections 8(C), 20(B)(ii)(C ) and 27 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The allegation is of recovery of 105.47 grams of
charas like substance from the left pocket of the petitioner kept
inside a black polythene bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that no contraband has been
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recovered from the conscious possession of the petitioner. It is
also contended that the alleged recovery of charas-like
substance is more than the small quantity but less than the
commercial quantity. Further submission is that the mandatory
provisions of Section 50 of the N.D.P.S. Act have not been
complied with. It is pointed out that the petitioner has been in
custody since 10.10.2025 and two other criminal cases are
pending against him, in which he is already on bail. It is lastly
submitted that the charge-sheet has already been submitted in
the present case.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Sitamarhi
in connection with Sursand P.S. Case No. 369 of 2025, subject
to the following conditions: (i) that the petitioner shall co-
operate in the trial and shall be properly represented on each and
every date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail bond shall
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be cancelled by the court below, (ii) that one of the bailors will
be his own blood relation, preferably father, mother, brother,
sister and or his wife, (iii) that the bailor shall also state on
affidavit that he will inform the court concerned if the petitioner
is made accused in any other case of similar nature after his
release in the present case and thereafter the court below will be
at liberty to initiate the proceeding for cancellation of bail on
ground of misuse (iv) that if the petitioner tampers with the
evidence or the witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail and (v) that the petitioner
will appear before the SHO of concerned PS in the first week of
each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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