Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Pawan Kumar was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged recovery of 1.4 kg of a ganja‑like substance from a motorcycle. He applied for bail, contending that he had no physical or conscious possession of the seized material, that the quantity was below commercial levels, and that mandatory provisions of Sections 42, 50 and 57 of the NDPS Act were not complied with. The State opposed bail, arguing that the substance was recovered from the accused’s possession. The High Court, after considering the petitioner’s clean antecedent, period of custody, and the material on record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding surety, cooperation with trial, non‑tampering of evidence, and future offences. The order was pronounced by Justice Alok Kumar Pandey.
Issues considered
- Whether bail should be granted in an NDPS case where 1.4 kg of a ganja‑like substance is alleged to have been recovered from the accused’s possession.
- Whether the mandatory provisions of Sections 42, 50 and 57 of the NDPS Act have been complied with in the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 42, 50, 57, 8(a)(c)
Subjects
- bail
- NDPS Act
- drug possession
- quantity of narcotics
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90441 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- BHAGWANGANJ District- Patna
======================================================
Pawan Kumar S/o Sanjay Yadav Resident of Village- Bajitpur (Vajirganj),
P.S.- Kalpa (OP), District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishore Prasad, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bhagwanganj P.S. Case No. 184 of 2025 registered for the
offences punishable under Sections 8(a)(c), 20(b)(ii)(B) of
N.D.P.S. Act.
3. As per prosecution-case, there is alleged
recovery of 1.4 k.g. of Ganja like substance kept in a white bag
on a splendor motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. The seizure-list clearly denotes that the
alleged recovery of 1.4 kg. of Ganja like substance is not either
from the physical or conscious possession of the petitioner and
Patna High Court CR. MISC. No.90441 of 2025(2) dt.13-01-2026
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the petitioner has been falsely implicated in the present case
without having any substance and the alleged recovery is much
less than commercial quantity and the mandatory provision of
Sections- 42, 50 and 57 of the N.D.P.S. Act has not been
complied with in the present case. Petitioner is having no
criminal antecedent. Petitioner is in custody since 14.10.2025.
5. Learned A.P.P. vehemently opposes the prayer of
bail and submitted that as there is alleged recovery Ganja like
substance from the possession of the petitioner, he cannot
escape from the allegations levelled in the F.I.R. Hence,
petitioner does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, clean antecedent of the petitioner,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, let the petitioner
above named be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions
Judge/Special Judge (NDPS), Patna in connection with
Bhagwanganj P.S. Case No. 184 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.90441 of 2025(2) dt.13-01-2026
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mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
nature of offences in future, the learned Trial Court shall be at
liberty to cancel his bail-bonds.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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