Patna High Court
Bundela Yadav @ Bundela PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15(b), 18(b), 8(b)
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
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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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