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Patna High Court

Pulesh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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