Patna High Court
Rabindra PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the procedural lapse and lack of prior criminal antecedent warranted release on bond.
Summary
Rabindra Paswan was arrested in connection with a case registered under Sections 20(b) and II(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 5 kg of ganja. The prosecution alleged that the seized quantity was recovered from the petitioner, while the petitioner contended that he was falsely implicated, no contraband was found on his person, and the seizure violated Section 105 of the Bihar Narcotic Substances (Suppression) Act. He also argued that the quantity, though more than a small amount, was far below a commercial quantity and that he had no prior criminal record, having been in judicial custody since 2 March 2026. The State opposed the bail application, citing the seriousness of the offence. After considering the arguments and the procedural deficiencies, the Court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the District & Sessions Judge’s conditions.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act considering the quantity seized and alleged procedural lapses.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances (Suppression) Act.
- Whether the quantity of ganja constitutes a commercial quantity warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), II(b)
Subjects
- bail
- NDPS Act
- seizure
- procedural lapse
- quantity of narcotics
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30639 of 2026
Arising Out of PS. Case No.-201 Year-2026 Thana- AGAMKUAN District- Patna
======================================================
Rabindra Paswan S/O Raman Paswan R/o- Village- Rustampur, P.s-
Raghopur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Agamkuan P.S. Case No. 201 of 2026 registered for the
offence punishable under Sections 20(b), II(b) of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 5 kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
Patna High Court CR. MISC. No.30639 of 2026(2) dt.07-05-2026
2/2
and the police has not complied with Section 105 of the BNSS
while making the seizure. He further submits that the alleged
recovery of ganja is though more than small quantity but is
much less than commercial quantity. Moreover, the petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 02.03.2026.
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 petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Sessions Judge, Patna in connection with Agamkuan P.S.
Case No. 201 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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