Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32680 of 2026 Arising Out of PS. Case No.-226 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== Vikash Kumar S/o Murat Ray R/o Village - Katra, Baradari, P.S - Bhagwan Bazar, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 28-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhagwan Bazar P.S. Case No. 226 of 2026 lodged on 10.03.2026, for the offence punishable under Section 21(a) of N.D.P.S Act.
3. The prosecution case, in brief, is that F.I.R has been registered on the basis of a typed application of the informant, namely, Ramdakhal Singh, Sub-Inspector of Police, presently posted at Bhagwan Bazar Police Station, Saran at Chapra. As per the informant, on 10.03.2026 at about 02:00 PM, he along with other police personnel, had left the police station for evening patrolling duty in a government vehicle. It is further alleged that at about 06:45 PM, while the police party was
2/4 present near Daroga Rai Chowk, the informant received secret information that one person was selling smack in the lane behind Shimla Hotel near Station Chowk. On the basis of the said information, a raiding party was constituted and the police reached the spot at about 07:00 PM. It is alleged that on seeing the police party, one person tried to flee, but he was chased and apprehended on the spot. On inquiry, he disclosed his name as Vikash Kumar (the present petitioner). Thereafter, notice under Section 50 of the NDPS Act was served upon him and, in presence of police witnesses, his search was conducted, from which 04 packets of smack-like brown and white powdery substance, weighing around 7.72 grams including the paper, were allegedly recovered from the pocket of his jeans. It is further alleged that cash amounting to Rs. 1,760/- and one Moto G-96 5G mobile phone were also recovered and seized.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 11.03.2026. Counsel lastly submits that nothing incriminating material has been recovered from the conscious possession of the petitioner and there is violation of Section 42
3/4 and 50 of N.D.P.S Act.
5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.
6. Having heard the parties and perused the case-diary and F.S.L report. The F.S.L report indicates to the fact that Acetaminophen was detected in the white colour powdery substance which is in general known as Paracetamol.
7. In view of the F.S.L report, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the likewise amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS), Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 226 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioner's own or close member.
(II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a
4/4 similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar, J) Bipin/- U T