Patna High Court
Gautam PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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
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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
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