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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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