Patna High Court
Pawan Mishra @ Pawan Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Pawan Mishra, was arrested in connection with a case under the NDPS Act for alleged possession of 1.01 kg of ganja, which is below commercial quantity. He claimed false implication, had no prior criminal record, and no contraband was found in his conscious possession. The prosecution opposed bail, citing the offences under Sections 8, 20(B)(ii)B and 22 of the NDPS Act. The court noted the low quantity of the seized drug, the absence of witness tampering, and the petitioner’s short period of custody. Considering these factors, the court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when the seized narcotic quantity is below commercial quantity and the accused has no prior record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)B, 22, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90718 of 2025
Arising Out of PS. Case No.-434 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Pawan Mishra @ Pawan Kumar Mishra son of Late Yog Narayan Mishra R/o
- Rahikpur, P.S - Babubarhi, District – Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Babubarhi P.S. Case No. 434 of 2025, instituted for the offences
under Sections 8, 20(B),(ii)B, 22 of the N.D.P.S. Act.
3. Prosecution case, in short, is that 01 Kg. 100 gram
of Ganja has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 26.09.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
the conscious possession of the petitioner. Petitioner has no
Patna High Court CR. MISC. No.90718 of 2025(2) dt.13-01-2026
2/2
concern with the alleged recovery. The recovered contraband is
below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Babubarhi P.S. Case
No. 434 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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