Patna High Court

Lalan Prasad Yadav @ Lalan YadavversusThe State of Bihar

Decided: 3 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.

Summary

Lalan Prasad Yadav was arrested in connection with a seizure of 6.8 kg of ganja and charged under Sections 8 and 20(b)(ii), (c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended that he was falsely implicated, that no contraband was actually recovered from his possession, and that the seizure list witnesses were police officers who had not complied with Section 105 of the BNSS. He had been in judicial custody since 9 October 2025 and argued that the quantity, while more than a small amount, was far below a commercial quantity. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's contentions and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge.

Issues considered

Whether bail should be granted to an accused under the NDPS Act when 6.8 kg of ganja is alleged to have been seized.
Whether the non‑compliance with Section 105 of the BNSS by police witnesses vitiates the prosecution's case.
Whether the quantity seized 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, 8

Subjects

bail
NDPS Act
drug possession
quantity of narcotics
police seizure procedure
Section 105 BNSS
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4880 of 2026
                      Arising Out of PS. Case No.-391 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Lalan Prasad Yadav @ Lalan Yadav S/O Birjan Yadav @ Biraja Yadav @
                 Biraja Ray R/O Vill.- Laxmipur Bhathuiya, P.s.- Aadapur, District- East
                 Chaparan, Motihari.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   03-02-2026                     Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner and Mrs. Pushpa Sinha, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ramgarhwa P.S. Case No. 391 of 2025, N.D.P.S. G.R. No.

                   140 of 2025 registered for the offence punishable under Sections

                   8, 20(b)(ii), (C) of the N.D.P.S. Act

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

                   possession of this petitioner, altogether 6.8 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. Learned counsel for the petitioner has submitted that
           Patna High Court CR. MISC. No.4880 of 2026(2) dt.03-02-2026
                                                       2/2




                     nothing has been recovered from the possession of this

                     petitioner. He also submits that the witnesses of the seizure list

                     are police personnel. Police has not complied with Section 105

                     of the BNSS. He also submits that the alleged amount of

                     contraband which is recovered from the possession of this

                     petitioner, is though more than small quantity but is much less

                     than commercial quantity. He further submits that the petitioner

                     is languishing in judicial custody since 09.10.2025.

                                  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 Ramgarwa P.S. Case No. 391 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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