Patna High Court
Pappu Yadav @ Pappu Pelu @ PeluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Pappu Yadav, applied for bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 99 g of smack, 2.962 kg of ganja and Rs 6,40,500 were seized. His name was added to the FIR only after a co‑accused disclosed his involvement; no narcotics were recovered from his conscious possession. The court noted that similarly situated co‑accused had already been granted bail by a coordinate bench. Considering that charges had been framed, there was no direct recovery from the petitioner, and bail had been allowed to others, the court granted bail on a bond of Rs 10,000 with two sureties and specific conditions of appearance. The bail order was made subject to the petitioner’s physical presence in court on every trial date.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act despite the absence of direct recovery from his possession.
- Whether the grant of bail to co‑accused in similar circumstances influences the decision on the petitioner’s bail.
- Whether the framing of charges affects the eligibility for bail in an NDPS case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 21(B), 8
Subjects
- bail
- NDPS Act
- narcotics seizure
- first information report
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69167 of 2025
Arising Out of PS. Case No.-1162 Year-2023 Thana- ARARIA District- Araria
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Pappu Yadav @ Pappu Pelu @ Pelu S/o Chotu Yadav @ Chhootu Yadav R/o
Village- Kharaihiya Basti, Ward No. 10, P.S.- Araria, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 16-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 21(B), 8, 20(b)(ii)(B) of
the N.D.P.S. Act.
3. As per the prosecution case, on the basis of
secret information, 99 gram smak, 2.962 kg of ganja and
Rs.6,40,500/- have been recovered from the place of
occurrence.
4. Learned counsel for the petitioner submit that
the name of the petitioner has been included in the First
Information Report on account of fact that he had certain
criminal antecedents, however, the First Information Report is
clear that the recovery of narcotic has been made from the
Patna High Court CR. MISC. No.69167 of 2025(3) dt.16-02-2026
2/3
possession of one Md. Jasim from his house and it is only upon
his disclosure that the name of the petitioner has transpired
almost at the fag end of the F.I.R.. It is further submitted that
the co-accused persons, who had been arrested on the spot,
have been granted privilege of bail by a Co-ordinate Bench of
this Court vide order dated 10.01.2025 passed in Cr. Misc.
No.346 of 2025, and also another accused Md. Nasim, whose
case stands similarly situated to the petitioner as his name was
also disclosed by apprehended accused, has also been granted
bail by a Co-ordinate bench of this Court vide order dated
22.09.2025 passed in Cr. Misc. No.47792 of 2025. It has
further been submitted that no recovery has been made from
the conscious possession of the petitioner and he is in custody
since 12.06.2025 and after charge-sheet having been submitted
on 30.06.2025 itself, charges have also been framed in the case.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no recovery
from the conscious possession of this petitioner and charges
have also been framed, coupled with the fact that similarly
Patna High Court CR. MISC. No.69167 of 2025(3) dt.16-02-2026
3/3
situated co-accused has already been granted the privilege of
bail by Co-ordinate Bench of this Court, let the above named
petitioner, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-IV, Araria/concerned Court below in
connection with N.D.P.S. Case No.48 of 2024 arising out of
Araria P.S. Case No. 1162 of 2023 subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
7. However, learned Court concerned shall accept
the bail bonds of the petitioner after ensuring the fact that the
charges have been framed in the case, as such submission has
been made in this Court.
(Soni Shrivastava, J)
anand/-
U T
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