Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing their release upon furnishing the prescribed bail bond and sureties.
Summary
Anil Yadav and Chhotu Kumar were arrested in connection with a case under the NDPS Act and the Arms Act after 16 grams of a cocaine‑like substance were allegedly recovered from their pick‑up van. The petitioners contended that the seizure was unlawful, citing the absence of an independent witness to the seizure list and non‑compliance with Section 105 of the B.N.S.S., and argued that the quantity seized did not amount to a commercial quantity under the NDPS Act. They also highlighted their clean criminal record and the fact that they had been in judicial custody since 3 November 2025. The State opposed the grant of regular bail. After hearing both sides, the Patna High Court found merit in the petitioners’ arguments and ordered that they be released on regular bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Special Sessions Judge, Nalanda.
Issues considered
- Whether regular bail can be granted in offences under Sections 21, 25, 29 and 8(c) of the NDPS Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act when the seized quantity is less than commercial quantity.
- Whether procedural lapses in preparing the seizure list, specifically non‑compliance with Section 105 of the B.N.S.S., affect the validity of the seizure and the right to bail.
- Whether the petitioners’ clean criminal antecedent and prolonged pre‑trial detention justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- seizure procedure
- commercial quantity
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1599 of 2026
Arising Out of PS. Case No.-577 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
1. Anil Yadav Son of Fekan Yadav R/o Village - Parikauna, P.S. - Noorsarai,
Dist. - Nalanda.
2. Chhotu Kumar Son of Fekan Yadav R/o Village - Parikauna, P.S. -
Noorsarai, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and Mr.
Pranav Kumar, learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 21, 25,
29 and 8(c) of the N.D.P.S. Act and Sections 25(1-b)a, 26 and
35 of the Arms Act.
3. The case of the prosecution is that from the pick-up
van of these petitioners, altogether 16 grams of cocaine like
narcotic substance was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
Patna High Court CR. MISC. No.1599 of 2026(2) dt.31-01-2026
2/2
has been recovered from the possession of these petitioners.
There is no independent witness of the seizure list rather they
are police personnel. Police has not followed Section 105 of
B.N.S.S. while preparing seizure list. It has also been submitted
that though the recovery of contraband is more than small
quantity but is much less than commercial quantity as per NDPS
Act. A statement has been made in para-3 of this petition that
the petitioners have got no criminal antecedent. Moreover, the
petitioners are languishing in judicial custody since 03.11.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular 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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Noorsarai P.S. Case No. 577 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Pr. Sessions Judge-
cum-Special Judge, Nalanda, Biharsharif.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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