Patna High Court
Pulesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Pulesh Kumar Yadav and Roushan Kumar Shah, applied for bail in a case where 2.990 kg of ganja was allegedly recovered from them under Sections 20 and 22 of the NDPS Act. The prosecution alleged possession of the narcotic, while the petitioners claimed innocence, false implication, and that the seizure violated Section 105 of the BNSS. They also highlighted the absence of a commercial quantity, lack of prior criminal record, and their continued judicial custody since February 2026. The State opposed the bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to accused under Sections 20 and 22 of the NDPS Act.
- Whether the seizure complied with Section 105 of the BNSS.
- Whether the quantity seized constitutes a commercial quantity affecting bail eligibility.
- Whether the petitioners' lack of criminal antecedents and period of custody justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- bail
- NDPS Act
- Sections 20 and 22
- seizure procedure
- Section 105 BNSS
- judicial custody
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28878 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
1. Pulesh Kumar Yadav son of Late Shri Yadav Resident of Village- Sabela,
P.S. -Sabela, District- Dhanusha, Nepal
2. Roushan Kumar Shah Son of Bir Bahadur Sah Resident of Village- Sabela,
P.S. -Sabela, District- Dhanusha, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Harlakhi P.S. Case No. 37 of 2026 corresponding to G.R.
No. 06 of 2026 registered for the offence punishable under
Sections 20, 22 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from the
possession of these petitioners, altogether 2.990 kg ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.28878 of 2026(2) dt.05-05-2026
2/2
possession of these petitioners. The witnesses of the seizure list are
police personnel and the police has not complied with Section 105
of the BNSS while making the seizure. He further submits that the
alleged recovery of contraband is though more than small quantity
but is much less than commercial quantity. Moreover, a statement
has been made in para 3 of the petition that petitioners have no
criminal antecedent and they are languishing in judicial custody
since 03.02.2026.
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 petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
District & Sessions Judge, Madhubani in connection with Harlakhi
P.S. Case No. 37 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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