Created by Fuzzy Cloud

Patna High Court

Gautam PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the quantity seized was only marginally above the small‑quantity threshold and there were procedural lapses in the search, outweighing the petitioner’s antecedent.

Summary

The petitioner, Gautam Pandey, was arrested after police raided his house and recovered 1.5 kg of ganja, leading to charges under Sections 20 and 22 of the NDPS Act. He sought bail, claiming false implication, procedural lapses in the search and seizure, and that the seized quantity was only slightly above the small‑quantity threshold. The State opposed bail, citing the petitioner’s prior similar offence, although he was already on bail for that case. The court examined the modest quantity, the lack of an independent witness to the seizure list, and the fact that charges had already been framed while the petitioner had been in custody since May 2025. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance and cancellation if the petitioner becomes an accused in another NDPS case.

Issues considered

  • Whether bail should be granted to an accused under Sections 20 and 22 of the NDPS Act when the seized quantity is only slightly above the small‑quantity limit
  • Whether procedural deficiencies in the search and seizure justify bail
  • Whether a prior antecedent of a similar nature bars the grant of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • search and seizure
  • quantity of narcotics
  • antecedent
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69349 of 2025
                   Arising Out of PS. Case No.-191 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Gautam Pandey S/O Late Vikramajeet Pandey Resident of village-
                 Kadhan,P.S- Kesariya,Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                          :       Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   10-02-2026                     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 20, 22 of the N.D.P.S.

                   Act.

                                   3. As per the prosecution case, upon secret

                   information, the police raided the house of the petitioner and

                   upon search, 1.5 kg of ganja was recovered from a box.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has falsely been implicated in the present case

                   showing recovery of 1.5 kg of ganja from a box kept in his

                   house in view of the fact that he had an earlier antecedent. It is

                   further submitted that there is total non-compliance of
Patna High Court CR. MISC. No.69349 of 2025(5) dt.10-02-2026
                                            2/3




          mandatory provisions of search and seizure as there was no

          independent witness to the seizure list and the recovered

          substance is a little over small quantity and much less than

          commercial quantity. Further, charges have already been

          framed and the petitioner is in custody since 20.05.2025.

                          5. Learned APP for the State opposed the grant of

          bail on the ground that the petitioner has one antecedent of

          similar nature, however, he is on bail in the said case.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that recovery of a

          quantity, which is only slightly over small quantity, and further

          that the petitioner is in custody since 20.05.2025 and charges

          have already been framed, as informed by the learned counsel

          for the petitioner, 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 Exclusive Special Court-I, N.D.P.S.

          East     Champaran,         Motihari/concerned       Court   below   in

          connection with N.D.P.S. Case No. 123 of 2025, CIS No.123 of

          2025 arising out of Kesariya P.S. Case No.191 of 2025, subject

          to condition that:-

                          (i) The petitioner shall remain physically present in
                          court on each and every date during trial and in the
            Patna High Court CR. MISC. No.69349 of 2025(5) dt.10-02-2026
                                                        3/3




                                      event of failure on two consecutive dates without
                                      sufficient reasons, his bail bonds shall be liable to be
                                      cancelled by the learned court concerned.
                                      (ii) However, in case if the petitioner is found to be
                                      made an accused in any other case of N.D.P.S. Act, the
                                      bail granted to the petitioner in this case also stands
                                      cancelled.



                                                (Soni Shrivastava, J)
anand/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.