Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Pappu Kumar, was arrested after police recovered about 42.155 kilograms of ganja from his hut in Haraiya, East Champaran, leading to charges under Sections 8(c), 20(b)(ii)(c), 22(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He applied for regular bail, contending that the seizure was irregular, the seizure list lacked independent witnesses, and the open‑air hut made the drugs accessible to anyone. The State argued that the large, commercial quantity of ganja was found in the petitioner’s residence and that he was arrested on the spot, indicating his knowledge and control. The Court examined the nature of the allegation, the commercial quantity involved, and the seizure list, and concluded that the circumstances did not merit the grant of regular bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act for possession of a commercial quantity of ganja.
- Whether the absence of independent witnesses on the seizure list and the open‑air nature of the premises affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22(c), 23(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- possession of ganja
- commercial quantity
- seizure procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10505 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Pappu Kumar S/o Sonelal Yadav Resident of Village-Bhaluahan Ward No 1,
Police Station-Haraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s : Mr. Sunil Kumar Pandey, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 13-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out
of Haraiya Police Station Case No. 108 of 2025, disclosing
offences under Sections 8(c), 20(b)(ii)(c), 22(c), 23(c) and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the FIR, on 31.08.2025, the informant
received secret information that ganja has been kept at the
petitioner's house. On that information, the police proceeded
towards the place of occurrence and started search. Upon seeing
the police party, one person tried to flee away but was caught,
who was identified as the petitioner. Upon search of the
premises of the petitioner, four bundles of substance resembling
ganja were recovered having total quantity of about 42.155
Patna High Court CR. MISC. No.10505 of 2026(5) dt.13-05-2026
2/3
kilograms.
4. Mr. Rajesh Ranjan, learned counsel for the
petitioner, argued that the petitioner has falsely been implicated
in this case due to oblique motive by the police. In the seizure
list, no independent witness has signed and only members of the
police party are the witnesses of the seizure list. The ganja has
been recovered from the hatched hut, which is an open space
and can be accessible to all. The petitioner is in custody since
01.09.2025.
5. On the other hand, learned counsel for the state
submits that from perusal of the seizure list, it appears that ganja
has been recovered from the home of the petitioner, made of
straw and mud and the petitioner was arrested by the police on
the spot. Commercial quantity of ganja has been recovered. The
prosecution has reason to believe that the ganja was kept under
the knowledge of the petitioner.
6. Regards being had to the submissions made by the
parties and taking into consideration the nature of allegation
against the petitioner and the fact that from the seizure list, it
appears that commercial quantity of ganja has been recovered
from the hatched house of the petitioner, I am not inclined to
grant regular bail to the petitioner.
Patna High Court CR. MISC. No.10505 of 2026(5) dt.13-05-2026
3/3
7. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
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