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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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