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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted in view of the substantial quantity of narcotics seized and the forensic confirmation of its nature.

Summary

Vikash Kumar applied for regular bail in a case registered under section 111 of the Bharatiya Nyaya Sanhita, 2023 and several sections of the NDPS Act. The prosecution alleged that a scooty stopped for search yielded 318.58 grams of a heroin‑like substance, and the forensic report confirmed the presence of monoacetylmorphine and diacetylmorphine. The petitioner contended that no narcotic was found on his person, he has no prior record, and he was falsely implicated. The court examined the FIR, the large quantity exceeding commercial limits, and the forensic findings, and concluded that these factors outweighed the petitioner's claims. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether regular bail can be granted to the accused under section 111 of the Bharatiya Nyaya Sanhita and the NDPS Act when a large quantity of narcotic is seized and the forensic report confirms its nature.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • narcotic seizure
  • commercial quantity
  • forensic report
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.983 of 2026
                       Arising Out of PS. Case No.-86 Year-2025 Thana- Ratanpur District- Begusarai
                 ======================================================
                 Vikash Kumar, S/O Vinod Mahato, R/o Village- Ratanpur, Ward no.- 21, P.S-
                 Ratanpur, Dist.- Begusarai, Pin-851101

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                                                   Mr. Vinod Kumar Seth, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   01-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Ratanpur P.S. Case

                   no.86 of 2025 registered under section 111 of the Bharatiya

                   Nyaya Sanhita, 2023 and sections 8(c), 21(c), 22(c), 18(c) and

                   29 of the NDPS Act.

                                 3. As per the prosecution case, on the scooty in

                   question being stopped for search, it is stated that 318.58 grams

                   of smack (heroine) like substance was recovered from the

                   possession of the three accused persons which included the

                   petitioner herein.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s
            Patna High Court CR. MISC. No.983 of 2026(4) dt.01-04-2026
                                                        2/2




                      possession and he has been falsely implicated in the case. He is

                      in custody since 12.10.2025 and has no criminal antecedent.

                      Charge-sheet has been submitted in the case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Case Diary and the FSL report was called for from

                      the learned Court below. As per the FSL report received from

                      the Regional Forensic Science Laboratory, Bhagalpur, the result

                      of examination of the seized article was found to contain

                      Monoacetylmorphine and Diacetylmorphine which as per the

                      report are highly addictive, psychotropic and narcotic

                      substances.

                                   7. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the F.I.R., the

                      recovered quantity being more than the commercial quantity and

                      the contents of the FSL report, the Court is not inclined to

                      enlarge the petitioner on bail and the application is rejected.

                                   8. Learned trial Court is directed to expedite the trial.



                                                      (Partha Sarthy, J)
avinash/-

U      T


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