Patna High Court
Rajendra Prasad @ Rajendra Pd. YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding that procedural lapses and the circumstances of the case warranted his release.
Summary
Petitioner Rajendra Prasad Yadav was arrested in connection with the alleged recovery of 1 kg 150 g of a ganja-like substance from a grocery shop, alleged to violate sections 8 and 20(b)(ii)(B) of the NDPS Act. He contended that he was merely present at the shop and had no involvement in the seizure, arguing that the prosecution failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure process. The petitioner also highlighted that the quantity seized, while exceeding the 'small quantity' threshold, was far below a commercial amount, and he had been in judicial custody since 23 February 2026. The State opposed the bail application, emphasizing the seriousness of the offence under the NDPS Act. After hearing both sides, the Court found merit in the procedural objections and the petitioner’s claim of innocence, and consequently ordered his release on regular bail. The bail was conditioned upon a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Chief Judicial Magistrate, Masaurhi.
Issues considered
- What is the applicability of regular bail in an NDPS case where the seized quantity exceeds the small‑quantity limit but is less than commercial quantity?
- Whether the failure to comply with Section 105 of the Bihar Narcotic Substances Act vitiates the seizure and justifies bail?
- Whether the petitioner’s mere presence at the location suffices to sustain the charge under sections 8 and 20(b)(ii)(B) of the NDPS Act?
Legislation cited
- Bihar Narcotic Substances (B.N.S.S.) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug seizure
- procedural compliance
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28281 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- MASAUDHI District- Patna
======================================================
Rajendra Prasad @ Rajendra Pd. Yadav S/o Late Panchu Prasad @ Panchu
Pd. Yadav R/o Village - Gangachak Malikana, P.S. and P.O. - Masaurhi, Dist.
- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 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, 20(b)(ii)
(B) of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 1 kg
150 grams of ganja like substance was recovered from a grocery
shop.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. He was standing there that
is why, he has been implicated in this case. Learned counsel for
the petitioner has submitted that while making seizure, Section
Patna High Court CR. MISC. No.28281 of 2026(2) dt.05-05-2026
2/2
105 of B.N.SS. has not been complied and the seizure list
witnesses are police personnel. He has no concern in any way
with the alleged recovery. It has also been submitted that though
the quantum of the contraband which has been recovered is
more than small quantity but is much less than commercial
quantity. Moreover, he is languishing in judicial custody since
23.02.2026.
5. Learned APP appearing for the State has
vehemently 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 petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Masaurhi P.S. Case No. 121 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Masaurhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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