Patna High Court
Pranav Prabhat @ Prawan PrabhatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
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
Checking your session…