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Patna High Court

Jai Prakash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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                     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


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