Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner.
Summary
Munna Yadav was arrested in connection with a NDPS case (Raxaul PS Case No. 88 of 2025) after 45.354 kg of ganja was seized from a car belonging to co‑accused Pradep Kumar Gupta. The petitioner contended that he was merely a liner, had no possession of the narcotics, and was falsely implicated; he also argued that the seizure was not documented in accordance with Section 105 of the Bihar Narcotic Substances Act and that no independent witness testified. The State opposed bail, citing the seriousness of the offences under Sections 20(B)(ii)(C), 23(C), 25 and 29 of the NDPS Act. After hearing both sides, the court noted the lack of direct evidence against the petitioner and the procedural lapses in the seizure, and therefore decided to enlarge bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Sessions Judge, Special Judge, East Champaran.
Issues considered
- Whether bail can be granted to an accused under Sections 20(B)(ii)(C), 23(C), 25 and 29 of the NDPS Act when the prosecution’s evidence is limited to a seizure from a co‑accused’s vehicle.
- Whether the failure to comply with Section 105 of the Bihar Narcotic Substances Act in preparing the seizure list warrants bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(C), 23(C), 25, 29
Subjects
- bail
- NDPS Act
- narcotics seizure
- procedural lapse
- co‑accused
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64470 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Munna Yadav S/o Gopal Rai R/o Village- Sisawa, PS- Raxaul, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Raxaul P.S. Case No. 88 of 2025/ N.D.P.S. G.R. Case
No. 34 of 2025 registered for the offence punishable under
Sections 20(B)(ii)(C), 23(C), 25 and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 45.354 kg of ganja was recovered from a car.
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 the
role of this petitioner as attributed during investigation is that
Patna High Court CR. MISC. No.64470 of 2025(3) dt.05-02-2026
2/3
the petitioner has worked as a liner. He has further submitted
that Pradeep Kumar Gupta from whose car, the contraband was
recovered, has been granted bail by this Court vide order dated
29.01.2026 passed in Cr. Misc. No. 57651 of 2025. The case of
this petitioner stands on better footing. The name of this
petitioner has surfaced in the disclosure made by co-accused
Pradeep Kumar Gupta. There is no independent witness of the
seizure list rather they are police personnel. Police has not
followed Section 105 of B.N.S.S. while preparing seizure.
Nothing has been recovered from the possession of this
petitioner. Moreover, he is languishing in judicial custody
since 04.07.2025.
7. The application for bail is opposed by learned APP
for the State.
8. 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 cum Special Judge, East Champaran, Motihari
in connection with Raxaul P.S. Case No. 88 of 2025/N.D.P.S.
Patna High Court CR. MISC. No.64470 of 2025(3) dt.05-02-2026
3/3
G.R. Case No. 34 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…