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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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/-

U      T


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