Patna High Court
Pawan Kumar @ Pawan Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner in the NDPS case.
Summary
The petitioner, Pawan Kumar Paswan, was arrested in connection with a case under the NDPS Act where 6.364 kg of ganja was seized from a bike. He sought regular bail, arguing that the seizure list did not specify which bike the drugs were recovered from, the quantity was less than a commercial amount, and he had no prior criminal record, having been in judicial custody since September 7, 2025. The State opposed the bail application. After hearing both sides, the court considered the facts, the quantity involved, and the petitioner’s clean antecedent, and decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Sessions Judge/Special Judge, NDPS Act, East Champaran. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act given the quantity of narcotics seized
- Whether the lack of clarity on the specific bike from which the narcotics were recovered affects the bail decision
- Whether the accused’s clean criminal record and duration of custody warrant bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 23(b), 25, 8
Subjects
- bail
- NDPS Act
- drug possession
- quantity of narcotics
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88275 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- JITNA District- East Champaran
======================================================
Pawan Kumar @ Pawan Kumar Paswan S/o Hiraman Paswan Resident of
Village- Bhawanipur, P.S.- Jitna, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the Opposite Party/s : Mr.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and Mr.
Nawal Kishore Prasad, learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8, 20(b)(ii)
(B), 23(b) and 25 of the NDPS Act.
3. The case of the prosecution is that two persons
were coming on a bike. They were intercepted by police. They
started fleeing away leaving the bike. They were apprehended
by police and from the bikes altogether 6.364 kg ganja was
recovered.
4. Learned counsel for the petitioner has submitted
that from perusal of the seizure list it is not clear as to from
which bike the ganja was recovered. It has also been submitted
that in any view of the matter, the contraband which has been
Patna High Court CR. MISC. No.88275 of 2025(3) dt.05-02-2026
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recovered is though more than small quantity but is much less
than commercial quantity. It is lastly submitted that the
petitioner is in judicial custody since 07.09.2025 having no
criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Jitna P.S. Case No. 230 of 2025, N.D.P.S. G.R. Case No.125 of
2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge/Special Judge, NDPS Act, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U R
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