Patna High Court
Pawan PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Pawan Prasad applied for bail in a case registered under the NDPS Act (Sections 20(B), ii C, 23(c) and 29) where 88.7 kg of ganja was seized from a poultry farm owned by Anil Kumar Yadav. The prosecution alleged that the seized contraband was linked to the petitioner, while the petitioner contended that he was merely a chicken seller who happened to be at the farm to purchase poultry and that no narcotics were found on his person. He further argued that the statement recorded in the FIR was not his own and that he has no prior criminal record, having been in judicial custody since 10‑10‑2025. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the Court found the petitioner’s claim credible and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted to an accused in a non‑bailable offence under the NDPS Act.
- Whether the petitioner’s alleged presence at the poultry farm constitutes sufficient grounds for continued detention.
- Whether the absence of any narcotic material in the petitioner’s possession and his lack of prior criminal record justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B), 23(c), 29, ii C
Subjects
- bail
- NDPS Act
- drug seizure
- presumption of innocence
- non‑bailable offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12520 of 2026
Arising Out of PS. Case No.-491 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Pawan Prasad S/O Rambabu Prasad @ Dileep Prasad R/O Village- Fatuha,
PS- Chhauradano, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Turkauliya P.S. Case No. 491 of 2025, N.D.P.S. G.R. Case
No. 141 of 2025 registered for the offence punishable under
Sections 20(B), ii C, 23(c) and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the poultry farm of one Anil Kumar Yadav, altogether 88.7 kg of
ganja like contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is a chicken seller and
Patna High Court CR. MISC. No.12520 of 2026(2) dt.27-02-2026
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he has gone to the poultry farm for purchasing chicken; as he
was there, he was apprehended by the police. He also submits
that nothing has been recovered from the possession of this
petitioner. The statement, which is recorded in the FIR, was
extracted by police. It is not the statement of the petitioner. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 10.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran at Motihari in connection
with Turkauliya P.S. Case No. 491 of 2025, N.D.P.S. G.R. Case
No. 141 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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