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Patna High Court

Pranav Prabhat @ Prawan PrabhatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Pranav Prabhat, was arrested in connection with a case registered under Sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged recovery of 30.72 grams of a brown‑sugar substance from a car that did not belong to him. He contended that only a mobile phone was found in his possession and that he was falsely implicated, having no prior criminal record and having been in custody since 30‑Oct‑2025. The State opposed the bail. The Court examined the quantity seized, noting it exceeded the ‘small quantity’ threshold but was below the commercial quantity, and considered the lack of ownership of the vehicle and the petitioner’s clean record. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The application for bail was allowed.

Issues considered

  • Whether regular bail can be granted under the NDPS Act when the seized quantity exceeds the small‑quantity limit but is below the commercial quantity
  • Whether the fact that the seized contraband was recovered from a vehicle not owned by the accused justifies granting bail
  • Whether the petitioner’s claim of false implication and lack of prior criminal record warrant the grant of bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • narcotic drugs
  • seizure
  • false implication
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87431 of 2025
                       Arising Out of PS. Case No.-398 Year-2025 Thana- ARWAL District- Jehanabad
                 ======================================================
                 Pranav Prabhat @ Prawan Prabhat Son of Ashok Kumar Singh Resident of
                 Village- Chidya Tar, P.S.- Hspura, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shankar Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Arwal P.S. Case

                   No. 398 of 2025 dated 29-10-2025, registered under Sections

                   8(C) and 21(b)             of the Narcotic Drugs and Psychotropic

                   Substances Act, 1985.

                                3. The allegation is of recovery of 30.72 grams of

                   brown sugar/smack-like substance from the tanker’s lid of an

                   Ertiga car bearing Registration No. BR-01-JE-7473 on which

                   three persons were boarding along with one mobile phone.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that as per the allegations

                   narrated in the FIR only one mobile phone has been recovered
           Patna High Court CR. MISC. No.87431 of 2025(3) dt.11-02-2026
                                                       2/2




                     from the possession of the petitioner and the alleged illicit

                     contraband has been recovered from a car which does not

                     belong to the petitioner. It is also submitted that the seized illicit

                     contraband is more than the small quantity but less than the

                     commercial quantity. Lastly, it is contended that the petitioner

                     has been in custody since 30.10.2025 and has no criminal

                     antecedents.

                                  5. Learned Additional Public Prosecutor for the State

                     has opposed the prayer.

                                  6. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Principal District and

                     Sessions Judge Jehanabad, in connection with Arwal P.S. Case

                     No. 398 of 2025.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)

shyambihari/-

U      T


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