Patna High Court
Prakash Kumar Paswan @ Prakash Kumar @ Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions of personal appearance.
Summary
Petitioner Prakash Kumar Paswan was arrested for alleged possession of 16 g of a narcotic (smack) and charged under Section 111 of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1‑Ba), 26 and 35 of the Arms Act and Sections 8(c) and 21(b) of the NDPS Act. The petitioner contended that the seizure was false, the search violated Section 50 of the NDPS Act, and the quantity involved was only a little over the statutory ‘small quantity’. He also pointed out that co‑accused in the same case had been granted regular bail by the same court. The State opposed bail. Considering the small quantity, the alleged procedural lapse, and the precedent of bail to co‑accused, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of family surety and personal appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged possession of 16 g of narcotic under the NDPS Act and related offences.
- Whether the alleged violation of Section 50 of the NDPS Act and the claim of false recovery affect the bail decision.
- Whether the small‑quantity exception and the grant of bail to co‑accused warrant bail in this case.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- search and seizure
- Arms Act
- criminal procedure
- narcotic possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72734 of 2025
Arising Out of PS. Case No.-429 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Prakash Kumar Paswan @ Prakash Kumar @ Prakash Paswan S/O
Shivchandar Paswan @ Shivchandra Paswan R/O Vill.- Vasuchak @
Bashuchak, P.S.- Saraiya, Dist.- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
: Mr. Mukund Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 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 111 of the Bharatiya
Nyaya Sanhita, 2023, Section 25(1-B)a/26/35 of the Arms Act
and Section 8(c), 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, the allegation
against the petitioner is that 16 gram of smack was recovered
from his possession.
4. The learned counsel for the petitioner submits
that a false recovery of 16 gram of smack like substance has
been shown from Hero motorcycle of which the petitioner is
Patna High Court CR. MISC. No.72734 of 2025(3) dt.10-02-2026
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not the owner. It has further been submitted that the search and
seizure has also been conducted in violation of Section 50 of
the N.D.P.S. Act and the recovered quantity is a little over
small quantity. Further, the petitioner is in custody since
19.05.2025 and the charge-sheet has been submitted and it has
also been pointed out that other co-accused persons have been
granted the privilege of regular bail by Co-ordinate benches of
this Court vide order dated 03.12.2025 and 05.02.2026 passed
in Cr. Misc. No.80755 of 2025 and Cr. Misc. No.484 of 2026
respectively.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances and considering the recovery of quantity which
is just a little over small quantity, coupled with the fact that the
co-accused persons have been granted privilege of regular bail
by Co-ordinate benches 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 Exclusive Special
Court-II (N.D.P.S.), Muzaffarpur/concerned Court below in
connection with N.D.P.S. Case No.95 of 2025 arising out of
Patna High Court CR. MISC. No.72734 of 2025(3) dt.10-02-2026
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Sadar P.S. Case No. 429 of 2025 subject to condition that:-
(i) One of the bailors will be his family member or relatives.
(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.
(Soni Shrivastava, J)
anand/-
U T
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