Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18(c), 21(c), 22(c), 29, 8(c)
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
Checking your session…