Patna High Court
Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 50, 8
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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