IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20171 of 2026 Arising Out of PS. Case No.-152 Year-2025 Thana- KINJAR District- Jehanabad ====================================================== Vikash Kumar @ Lalbabu S/O Rajballabh Prasad @ Raiballav Prasad R/O Village- Thakurbari, Police Station- Nagar Jehanabad, Distt.- Jehanabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 6 13-08-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. 2. The petitioner is seeking regular bail in connection with NDPS Case No. 01 of 2026 arising out of Kinger P.S. Case No. 152 of 2025 registered for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act. 3. The prosecution alleges that on 17.11.2025, during vehicle checking at Nagla Kinjar Check Post, the present petitioner along with co-accused Gaurav Kumar, was apprehended with his scooter. On suspicion, they were searched and two packets containing 51.12 grams and 50.91 grams i.e. totalling 102.03 grams of suspected smack, were allegedly recovered from jacket of the present petitioner. Two Patna High Court CR. MISC. No.20171 of 2026(6) dt.13-08-2026 2/4 mobile phones and the scooter were also seized. The seized contraband was sealed at the spot and both the accused persons were arrested. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that the article recovered from the petitioner does not fall within the ambit of commercial quantity rather it is an intermediate quantity. It has also been submitted that the mandatory provisions relating to search and seizure have not been complied with. Learned counsel has further submitted that although the petitioner has three criminal cases but in those cases, he is on bail and, has been in judicial custody since 18.11.2025. He undertakes that the petitioner shall cooperate with the investigation and trial and shall not repeat or indulge in any offence of similar nature. 5. On the other hand, the learned APP for the State has opposed the prayer for bail by submitting that the petitioner has three criminal antecedents in his credit. 6. Taking into account the entire facts and circumstances of the case, coupled with the fact that the petitioner has been in judicial custody since 18.11.2025 and Patna High Court CR. MISC. No.20171 of 2026(6) dt.13-08-2026 3/4 the quantity of recovered contraband is intermediate and not commercial, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II/concerned Court, Jehanabad in connection with NDPS Case No. 01 of 2026 arising out of Kinger P.S. Case No. 152 of 2025, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial. (ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. (iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the case as mentioned in para-3 of the bail petition, his bail bond will not be accepted. Patna High Court CR. MISC. No.20171 of 2026(6) dt.13-08-2026 4/4 (v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. (vi) If he repeats any offence of similar nature, his bail bond shall be liable to be cancelled immediately by the learned court below. Nirmal/- (Raj Kumar, J) U T