Patna High Court
Prince Kumar Pandey @ Prince Pandey @ BabaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Prince Kumar Pandey was arrested in connection with a case registered under the NDPS Act, Bihar Narcotic Substances Act and the Arms Act, where a loaded pistol, two cartridges and 1.5 kg of ganja were seized. The petitioner claimed innocence, alleging that the seizure was not conducted in accordance with Section 105 of the B.N.S.S. and that no contraband was found on his person, and that the quantity seized was far below commercial levels. He had been in judicial custody since 20 November 2025 and sought regular bail. The State opposed the bail, but the court, after hearing both sides, found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether regular bail can be granted in offences under the NDPS Act, B.N.S.S., and Arms Act where the seizure procedure is alleged to be non‑compliant with Section 105.
- Whether the quantity of seized narcotics, being less than commercial quantity, warrants the grant of bail.
- Whether the duration of pre‑trial detention justifies the release of the petitioner on bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act (B.N.S.S.) — s. 105, 111, 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(II)(B), 8
Subjects
- bail
- NDPS Act
- B.N.S.S.
- Arms Act
- seizure procedure
- quantity of contraband
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30850 of 2026
Arising Out of PS. Case No.-561 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Prince Kumar Pandey @ Prince Pandey @ Baba S/O Sawaliya Pandey R/O
Vill.- Saray Parawali, P.S.- Bhagwanpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
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 regular bail in a case
registered for the offence punishable under sections 8, 20(b)(II)
(B) of the N.D.P.S. Act, Sections 310(4), 310(5) and 111 of BNS
and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution is that from the
possession of this petitioner one loaded country made pistol along
with two live cartridges was recovered. It is further alleged that
from that place, 1.5 kg of ganja was also recovered.
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. As per seizure list, the ganja
was recovered from a bag. Learned counsel for the petitioner has
submitted that while making seizure, Section 105 of B.N.S.S. has
Patna High Court CR. MISC. No.30850 of 2026(2) dt.07-05-2026
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not been complied and the seizure list witnesses are police
personnel. Nothing has been recovered from the possession of
this petitioner. It has also been submitted that though the ganja
was recovered from the possession of the petitioner then also, the
quantum of the contraband which has been recovered from the
possession of this petitioner is though more than small quantity
but is much less than commercial quantity. Moreover, the
petitioner is languishing in judicial custody since 20.11.2025.
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
Maharajganj P.S. Case No. 561 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-I-
cum-Special Judge, Siwan.
(Ashok Kumar Pandey, J)
Shubham/-
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