Patna High Court
Pappu Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Pappu Kumar Mishra was arrested in connection with an NDNDPS case (Ramgarhwa P.S. Case No. 43 of 2026) for alleged possession of 70 grams of contraband. The petitioner claimed innocence, asserted that the seizure was not conducted in accordance with Section 105 of the BNSS, and argued that the quantity was far below commercial levels and that he had no prior criminal record. The State opposed bail, citing the seriousness of the offence under Sections 8, 18, 21(c), 22(c) and 29 of the NDPS Act. After hearing both sides, the Court considered the modest quantity, lack of antecedents, and procedural irregularities, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of equal amount to the satisfaction of the Sessions Judge.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of 70 grams of contraband.
- Whether non‑compliance with Section 105 of the BNSS during seizure affects the grant of bail.
- Whether the quantity involved and the petitioner’s lack of criminal antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 21(c), 22(c), 29, 8
Subjects
- bail
- NDPS Act
- seizure procedure
- quantity of narcotics
- criminal antecedent
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31625 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
Pappu Kumar Mishra S/o- Late Chhatu Mishra @ Late Chhathu Mishra
Resident of Village - Baluaa, Thargatti, Ward No. 08, P.S. - Paharpur, District
- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ramgarhwa P.S. Case No. 43 of 2026/ NDPS G.R. Case
No. 09 of 2026 registered for the offence punishable under
Sections 8, 18, 21(c), 22(c) and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 70 grams of smack
like contraband 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. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.31625 of 2026(2) dt.12-05-2026
2/2
police personnel and the police have not complied with Section
105 of the BNSS while making the seizure. He further submits
that 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 petitioner
has no criminal antecedent and he is languishing in judicial
custody since 24.01.2026.
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
Sessions Judge/Special Judge, East Champaran, Motihari in
connection with Ramgarhwa P.S. Case No. 43 of 2026/ N.D.P.S.
G.R. Case No. 09 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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