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Patna High Court

Bundela Yadav @ Bundela PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Bundela Yadav was arrested in connection with Special NDPS Case No. 232 of 2025 for alleged possession of 5.5 kg of green poppy straw, invoking Sections 8(b), 15(b) and 18(b) of the NDPS Act. The petitioner contended that he had no possession of the narcotic, that the seizure was not conducted in compliance with Section 105 of the BNSS, and that the quantity seized was far below a commercial amount. He also highlighted his clean criminal record and that he had been in judicial custody since 27 September 2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the procedural objections and the small quantity, and ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted in an NDPS case where the alleged seizure may have procedural defects and involves a small quantity of narcotic.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • procedural lapse
  • seizure
  • quantity of narcotic
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4929 of 2026
                         Arising Out of PS. Case No.-98 Year-2024 Thana- PUNPUN District- Patna
                 ======================================================
                 Bundela Yadav @ Bundela Prasad S/O Late Bhramdeo Yadav R/O Village-
                 Teliyanpar, P.S- Punpun, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deovind Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Special (NDPS) Case No. 232 of 2025 arising out of

                   Punpun P.S. Case No. 98 of 2024 registered for the offence

                   punishable under Sections 8(b), 15(b), 18(b) of the NDPS Act.

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

                   fields of the petitioner, 5.5 kg of green poppy straw with

                   branches 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 submits that nothing has

                   been recovered from the possession of this petitioner. He also
Patna High Court CR. MISC. No.4929 of 2026(2) dt.04-02-2026
                                            2/3




          submits that the witnesses of the seizure list are police

          personnel. Police has not complied with Section 105 of the

          BNSS while making the seizure. He also submits that from

          perusal of the seizure list, it is clear that the entire weight of

          green poppy straw with branches was 5.5 kg. During the whole

          investigation, it was not disclosed by the I.O. as to what was the

          real weight of poppy straw which has been recovered. He also

          submits that the recovery of alleged poppy straw is though more

          than a small quantity but is much less than a commercial

          quantity. He further submits that 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 27.09.2025.

                       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

          Exclusive Special, (NDPS Act) Court No. 1st, Patna in

          connection with Special (NDPS) Case No. 232 of 2025 arising
           Patna High Court CR. MISC. No.4929 of 2026(2) dt.04-02-2026
                                                       3/3




                     out of Punpun P.S. Case No. 98 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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