Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted as the allegations were vague and no incriminating article was recovered from the petitioners.
Summary
The petitioners, Pappu Yadav and Phunnu Yadav, were implicated in a case registered under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged illegal cultivation of ganja. They applied for anticipatory bail, contending that no incriminating article was recovered from them and that the seizure was made from an open field without proper identification of plot details, relying only on a local watchman's statement. The State opposed the bail, arguing the seriousness of the NDPS offences. The Court examined the lack of material evidence against the petitioners and the vague, omnibus nature of the accusation. Considering these facts, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted to persons accused under Sections 20 and 25 of the NDPS Act when no incriminating material has been recovered from them.
- Whether the reliance solely on a watchman's statement without proper identification of the seized land suffices to justify arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 25
Subjects
- anticipatory bail
- NDPS Act
- illegal cultivation
- bail bond
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8268 of 2026
Arising Out of PS. Case No.-19 Year-2022 Thana- RAJGIR District- Nalanda
======================================================
1. Pappu Yadav S/O Rajendra Yadav R/O Village- Milikpur, P.S- Rajgir, Distt.-
Nalanda.
2. Phunnu Yadav @ Sumran Kumar S/O Rajendra Yadav R/O Village-
Milikpur, P.S- Rajgir, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 20 and 25
of the N.D.P.S. Act.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners, are
indulged in illegal cultivation of Ganja.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. No incriminating article has been
Patna High Court CR. MISC. No.8268 of 2026(3) dt.24-03-2026
2/3
recovered from possession of these petitioners and they have got
no concern with the alleged cultivation over the land in
question. As a matter of fact, the alleged seizure was made from
an open field and without identifying the plot numbers, khata
and khesra details, petitioners have falsely been implicated in
this case merely on the basis of statement of local chawkidar.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and the fact htat
no incriminating article has been recovered from possession of
these petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-I-cum-Special Judge, Nalanda,
Biharsharif in connection with Rajgir P.S. Case No. 19 of 2022,
subject to condition as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.8268 of 2026(3) dt.24-03-2026
3/3
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…