Patna High Court
Jai Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court allowed the bail application, granting regular bail with a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Jai Prakash Yadav, was arrested with a white Magic Pick‑Up van from which police recovered 16 grams of a cocaine‑like substance packed in twelve packets, leading to charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and the Arms Act. He contended that the contraband was not in his conscious possession, that the seized quantity was far below the commercial threshold, and that procedural requirements such as an independent witness to the seizure list and compliance with Section 105 of the Bihar Narcotic Substances Act were not met. The petitioner also highlighted that his co‑accused had already been granted bail and that he had no prior criminal record, having been in custody since 3 November 2025. The State opposed the bail application. After considering the facts and submissions, the Court granted regular bail on the condition of a Rs 10,000 bond with two sureties, allowing the petitioner’s release.
Issues considered
- Whether regular bail can be granted to a person charged 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.
- Whether the alleged procedural lapses in preparing the seizure list and non‑compliance with Section 105 of the Bihar Narcotic Substances Act justify granting bail.
- Whether the quantity of narcotic seized (16 g) is considered a ‘small quantity’ for the purpose of bail under the NDPS Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- procedural lapse
- seizure list
- quantity of narcotics
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2658 of 2026
Arising Out of PS. Case No.-577 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Jai Prakash Yadav Son of Arjun Yadav Village- Vishunpur PS -Noorsarai Distt
-Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Noorsarai P.S.
Case No. 577 of 2025 dated 01.11.2025, registered under
Sections 21, 25, 29 and 8(c) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 and Sections 25(1-B)(a), 26
and 35 of the Arms Act.
3. The allegation is of recovery of altogether 16 grams
of a cocaine-like substance, packed in twelve packets, from
inside an iron hole made in the chassis in front of the right-side
rear tyre of a white- coloured Magic Pick-Up van bearing
Registration No. BR-21E-4984.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.2658 of 2026(3) dt.23-02-2026
2/3
present case. It is submitted that no contraband has been
recovered from the conscious possession of the petitioner;
rather, the alleged contraband was recovered from the pick-up
van bearing Registration No. BR-21E-4984.It is next submitted
that although the recovered quantity of contraband is more than
a small quantity, it is much less than the commercial quantity as
prescribed under the N.D.P.S. Act. It is further submitted that
there is no independent witness to the seizure list, which was
prepared only in the presence of police personnel and the
provisions of Section 105 of the B.N.S.S. were not complied
with by the police while preparing the seizure list. It is further
submitted that the petitioner along with two other persons,
namely Anil Yadav and Chhotu Kumar were apprehended at the
spot with the pick-up van and the said co-accused persons have
already been granted bail by a Coordinate Bench of this Court
vide order dated 31.01.2026 passed in Cr. Misc. No. 1599 of
2026. Lastly, it is submitted that the petitioner has been in
custody since 03.11.2025 and has no criminal antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.2658 of 2026(3) dt.23-02-2026
3/3
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of Principal
Sessions Judge XI-cum- Special Judge, Nalanda, Biharsharif or
successor Court in connection with Noorsarai P.S. Case No.
577 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
Checking your session…