Patna High Court

Munna PaswanversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail, subject to a bail bond and sureties.

Summary

The petitioner, Munna Paswan, applied for regular bail in a case under the NDPS Act where 14 kg of ganja was seized from his possession. The prosecution alleged possession of a substantial quantity, while the petitioner claimed innocence, procedural lapses in seizure, and lack of conscious possession. He also highlighted that the quantity, though more than a small amount, was far below commercial quantity and that he had no prior criminal record. The petitioner pointed to a similar co‑accused who had been granted bail in a prior case. The State opposed the bail on the seriousness of the offence. Considering the circumstances, the court granted regular bail on condition of a Rs.10,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act despite the seizure of 14 kg of ganja.
Whether the seizure complied with the procedural requirements of Section 105 of the BNS Act.
Whether the quantity seized qualifies as a commercial quantity that would preclude bail.
Whether the petitioner’s lack of prior criminal antecedent and the precedent of bail granted to a co‑accused influence the bail decision.

Legislation cited

Bihar Narcotic Substances (Control) Act — s. 105, 111(2)
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(II), 23(c), 25, 29, 8

Subjects

regular bail
NDPS Act
seizure procedure
Section 105
quantity of narcotics
judicial custody
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10648 of 2026
                    Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran
                 ======================================================
                 Munna Paswan Son of Late Nand Kishore Paswan Resident of Village -
                 Madhopur Madhumalat, P.S. - Turkauliya, Dist. - East Chamaparan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                   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, 23 (c),

                   20 (B) (II) ©, 25 and 29 of the NDPS Act and Section 111 (2)

                   of the BNS.

                                 3.   The case of the prosecution is that altogether 14

                   Kg. of ‘ganja’ was recovered from the possession of this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   while making seizure, police have not complied Section 105 of

                   the BNSS Act and the witnesses of the seizure list are police
            Patna High Court CR. MISC. No.10648 of 2026(2) dt.18-02-2026
                                                        2/2




                      personnel. It has also been submitted that the quantity of

                      contraband, which has been recovered from the possession of

                      this petitioner, is though more than small quantity but much less

                      than commercial quantity. Nothing has been recovered from the

                      conscious possession of this petitioner. Moreover, the petitioner

                      is languishing in judicial custody since 26.05.2025 having no

                      criminal antecedent. Learned counsel has further submitted that

                      similarly situated other co-accused person has been granted bail

                      by this court vide Cr. Misc. No. 84037 of 2025.

                                   5. Learned APP appearing for the State has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Harpur P.S. Case No. 68 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

                      Sessions Judge/ Special Judge, East Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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