Patna High Court

Anuj Kumar Paswan @ Anuj PaswanversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding insufficient grounds to deny bail under the NDPS provisions.

Summary

The petitioner, Anuj Kumar Paswan, was arrested in connection with a case (PS Dagarua Case No. 366 of 2025) where 26.252 kg of ganja was seized from a Toyota Etios. He contended that he neither owned nor drove the vehicle, that the seized narcotics were not in his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 7 October 2025. The State opposed the bail, citing the seriousness of the offences under Sections 8(c), 20(B)(ii)C, 25 and 29 of the NDPS Act. After considering the facts, the court found no sufficient link between the petitioner and the seized narcotics and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to an accused in a case involving offences under Sections 8(c), 20(B)(ii)C, 25 and 29 of the NDPS Act.
Whether the petitioner’s alleged lack of ownership, control, or possession of the seized narcotics discharges him from liability.
Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act by the police invalidates the seizure and affects bail considerations.

Legislation cited

Bihar Narcotic Substances Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)C, 25, 29, 8(c)

Subjects

regular bail
NDPS Act
drug seizure
Section 105
possession
vehicle
criminal antecedent
bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10519 of 2026
                       Arising Out of PS. Case No.-366 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Anuj Kumar Paswan @ Anuj Paswan S/o- Manoj Paswan R/v- Dibtulane,
                 Siliguri Ps- Matigara Dist- Darjeeling

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8(c), 20(B)

                   (ii)C, 25 and 29 of the NDPS Act.

                                3. The case of the prosecution, in short, is that from a

                   Toyota Etios altogether 26.252 kg of ganja was recovered.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from the possession of this

                   petitioner. It has also been submitted that witnesses of the

                   seizure list are police personnel and police has not complied

                   Section 105 of the BNSS while making seizure. Learned

                   counsel for the petitioner has further submitted that the

                   petitioner is neither owner nor driver of the vehicle, rather he
            Patna High Court CR. MISC. No.10519 of 2026(2) dt.23-02-2026
                                                        2/2




                      has taken lift in that vehicle. The petitioner is not concerned in

                      any way with the alleged recovery. Learned counsel for the

                      petitioner has further submitted that the petitioner is having no

                      criminal antecedent and is in judicial custody since 07.10.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Dagrua P.S. Case No. 366 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned court of Special Judge (NDPS

                      Act) at Purnea.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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