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Patna High Court

Pankaj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner under the NDPS Act.

Summary

The petitioner, Pankaj Kumar Yadav, applied for regular bail in a case registered under sections 8 and 20(b)(ii)(B) of the NDPS Act, alleging false implication for political reasons. He contended that the 1.8 kg of cannabis recovered was not in his conscious possession, that the quantity did not constitute a commercial amount, and that the police failed to comply with Section 50 of the NDPS Act during the search. The State opposed the bail. The court, noting the petitioner’s clean antecedent, the non‑commercial quantity, the alleged procedural lapse, and the length of his pre‑trial detention, decided to grant bail on a bond of Rs. 20,000 with two sureties. The order releases the petitioner pending trial.

Issues considered

  • Whether regular bail can be granted to an accused under sections 8 and 20(b)(ii)(B) of the NDPS Act.
  • Whether the quantity of narcotic seized (1.8 kg) qualifies as a commercial quantity warranting denial of bail.
  • Whether the police complied with the procedural requirements of Section 50 of the NDPS Act during search and seizure.
  • Whether the petitioner’s alleged political victimisation and clean antecedent justify bail.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Section 50 compliance
  • non‑commercial quantity
  • political victimisation
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89950 of 2025
                       Arising Out of PS. Case No.-46 Year-2024 Thana- SONAMANI District- Araria
                 ======================================================
                 Pankaj Kumar Yadav S/o- Vidyanand Yadav, R/o vill- Sonapur, Ward No- 13
                 PS- Bathnaha Dist- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Pandey, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                      Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Sonamani Godam P.S. Case No. 46 of 2024 registered for the

                   offences punishable under sections 8 and 20(b)(ii)(B) of the

                   NDPS Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner has been falsely implicated in the

                   present matter due to political reason and as per prosecution story

                   1.8 kg Ganja was recovered from a motorcycle, upon which two

                   persons were riding at the time of recovery and out of them, one

                   person managed to escape and as per police the petitioner was

                   apprehended at the spot but the said allegation is false, however,

                   the alleged contraband does not come under the purview of

                   commercial quantity and nothing incriminating material has been
             Patna High Court CR. MISC. No.89950 of 2025(2) dt.13-01-2026
                                                         2/2




                       recovered from the conscious possession of the petitioner. It is

                       further submitted that the provision of section 50 of the NDPS

                       Act was not followed by the police during the search and seizure

                       of the alleged contraband and the petitioner bears no criminal

                       antecedent and has been languishing in jail since 15.09.2025.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. Considering the above submissions, the averments

                       made in this application and mainly taking into account the

                       petitioner’s fair and clean antecedent, his custody period and the

                       quantity of the alleged contraband which is said to have been

                       recovered from the dicky of the alleged motorcycle, coupled with

                       completion of investigation against him, this Court is inclined to

                       release him on bail. Accordingly, let the petitioner named-above

                       be released on bail on furnishing bail bond of Rs. 20,000/-

                       (Rupees Twenty Thousand) with two sureties of the like amount

                       each to the satisfaction of the court concerned in connection with

                       Sonamani Godam P.S. Case No. 46 of 2024.



                                                 (Shailendra Singh, J)
annu/-

U        T


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