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Patna High Court

Naresh PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted because the trial had not concluded within a year and procedural deficiencies, including the failure to comply with Section 105 of the B.N.S.S., warranted release on bail.

Summary

The petitioner, Naresh Paswan, sought regular bail in a case under Sections 8(c) and 21(b) of the NDPS Act for alleged possession of 24.5 grams of cannabis. He contended that the seized contraband was not in his possession, that the police failed to comply with Section 105 of the B.N.S.S. during seizure, and that he had been in judicial custody since 9 January 2024 without trial conclusion. The petitioner also argued that a prior bail denial could be revisited because more than a year had elapsed without trial completion, and that his criminal antecedent was not properly disclosed as required by a previous bail order. The State opposed the bail application, maintaining the seriousness of the offence. Considering the procedural lapses, the delay beyond one year, and the lack of a forensic report, the Court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • The applicability of regular bail under the NDPS Act for a small quantity offence
  • Whether non‑compliance with Section 105 of the B.N.S.S. during seizure vitiates the charge
  • Whether the petitioner is entitled to bail after a one‑year delay in trial
  • Whether the petitioner’s criminal antecedent must be disclosed before bail can be granted

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 105
  • criminal antecedent
  • trial delay
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40290 of 2026
                   Arising Out of PS. Case No.-7 Year-2024 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Naresh Paswan Son of Ramchandar Paswan @ Ramchandra Paswan Resident
                 of Village- Bari Kothiya, P.S.- Mushahari, District- Muzaffarpur
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Mayank Raj, Advocate
                                                 Mr. Rahul Singh, Advocate
                                                 Mr. Adarsh, Advocate
                 For the Opposite Party/s :      Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-06-2026                   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(c) and

                   21(b) of the N.D.P.S. Act.

                                 3. The case of the prosecution, in short, is that

                   altogether 24.5 grams of smack was recovered from the

                   possession of this petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. Learned counsel for the petitioner has

                   submitted that nothing has been recovered from his possession.

                   It has further been submitted that the seizure list witnesses are
Patna High Court CR. MISC. No.40290 of 2026(2) dt.24-06-2026
                                            2/3




          police personnel. Police has not complied Section 105 of the

          B.N.S.S. while making the seizure. Petitioner is languishing in

          judicial custody since 09.01.2024.

                       5. Learned counsel for the petitioner has further

          submitted that earlier the bail petition of this petitioner was

          rejected by learned Co-ordinate Bench of this Court vide order

          dated 18.07.2024 passed in Cr. Misc. No. 24233 of 2024 with an

          observation that the petitioner is at liberty to renew his prayer

          for bail if the trial is not concluded within a period of one year.

          It has further been submitted that more than one year has

          elapsed from that order and the trial is still not concluded.

                       6. Learned counsel for the petitioner has further

          submitted that vide order dated 29.08.2025 passed in Cr. Misc

          No. 54056 of 2025, the petitioner was granted bail by the

          learned Co-ordinate Bench of this Court with an observation

          that before accepting bail bonds of the petitioner, the learned

          trial Court shall verify his criminal antecedent and if it is found

          that he is involved in any other case except the cases, as

          mentioned in paragraph 3 of the bail petition, his bail bond shall

          not be accepted.

                       7. Learned counsel for the petitioner has further

          submitted that as the antecedent of the petitioner was not
             Patna High Court CR. MISC. No.40290 of 2026(2) dt.24-06-2026
                                                         3/3




                       properly disclosed in bail petition, his bail bond was not

                       accepted that is why, he is in custody. It has further been

                       submitted that the alleged recovery of contraband is though

                       more than small quantity but is much less than commercial

                       quantity. It has also been submitted that without F.S.L. report,

                       the charge-sheet was filed in this case.

                                    8. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    9. 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 Special

                       Judge, Exclusive Special Court-I (NDPS Court), Muzaffarpur in

                       connection with Mithanpura P.S. Case No. 07 of 2024.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T


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