Prakash Kumar Paswan @ Prakash Kumar @ Prakash Paswan Vs The… — Narcotics (NDPS) | Patna HC (2026)

Prakash Kumar Paswan @ Prakash Kumar @ Prakash Paswan Vs The… — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner 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 the learned Exclusive Special Court-II (N.D.P.S.), Muzaffarpur/concerned Court below in connection with N.D.P.S. Case No.95 of 2025 arising out of Sadar P.S. Case No. 429 of 2025, subject to conditions that one bailor be a family member or relative and that the petitioner remain physically present in court on each trial date, failing on two consecutive dates without sufficient reasons rendering his bail bonds liable to cancellation.

Issue for consideration

Whether the petitioner, arrayed in a case under Sections 111 BNS 2023, Section 25(1-B)a/26/35 Arms Act and Sections 8(c)/21(b) NDPS Act, deserves to be released on regular bail. +1 more

Ratio / Principle

Bail granted taking into consideration that the recovery quantity was just a little over the small quantity, coupled with parity, as co-accused persons had already been granted regular bail by Coordinate benches of the Court.

Key takeaways

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court-II (N.D.P.S.), Muzaffarpur/concerned Court below.ratio¶18
Release made subject to conditions: one bailor to be a family member or relative, and the petitioner to remain physically present in court on every trial date, failing on two consecutive dates without sufficient reasons rendering the bail bonds liable to cancellation.ratio¶21

Detailed headnote1 paragraphs

Bail granted; single Judge (Soni Shrivastava, J.), Patna High Court. Petitioner sought regular bail in a case arising out of Sadar P.S. Case No. 429 of 2025 (trial pending as N.D.P.S. Case No.95 of 2025, Exclusive Special Court-II (N.D.P.S.), Muzaffarpur) for offences under Sections 111 Bharatiya Nyaya Sanhita 2023, Section 25(1-B)a/26/35 Arms Act and Sections 8(c)/21(b) NDPS Act, on allegation of recovery of 16 gram of smack. Defence pleaded false recovery from a motorcycle not owned by him, search and seizure in violation of Section 50 NDPS Act, quantity a little over small quantity, custody since 19.05.2025, charge-sheet filed, and parity with co-accused granted bail (orders dated 03.12.2025 and 05.02.2026 in Cr. Misc. No.80755 of 2025 and Cr. Misc. No.484 of 2026). Held: recovery being just a little over small quantity, coupled with co-accused parity, bail allowed on bond of Rs. 10,000/- with two like sureties; conditions imposed that one bailor be a family member/relative and that the petitioner attend every trial date, default on two consecutive dates without sufficient reasons rendering bonds liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72734 of 2025

Arising Out of PS. Case No.-429 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur

====================================================== Prakash Kumar Paswan @ Prakash Kumar @ Prakash Paswan S/O Shivchandar Paswan @ Shivchandra Paswan R/O Vill.- Vasuchak @ Bashuchak, P.S.- Saraiya, Dist.- Muzaffarpur, Bihar

... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate : Mr. Mukund Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 10-02-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 111 of the Bharatiya Nyaya Sanhita, 2023, Section 25(1-B)a/26/35 of the Arms Act and Section 8(c), 21(b) of the N.D.P.S. Act.

As per the prosecution case, the allegation against the petitioner is that 16 gram of smack was recovered from his possession.

The learned counsel for the petitioner submits that a false recovery of 16 gram of smack like substance has been shown from Hero motorcycle of which the petitioner is

Patna High Court CR. MISC. No.72734 of 2025(3) dt.10-02-2026 2/3

not the owner. It has further been submitted that the search and seizure has also been conducted in violation of Section 50 of the N.D.P.S. Act and the recovered quantity is a little over small quantity. Further, the petitioner is in custody since 19.05.2025 and the charge-sheet has been submitted and it has also been pointed out that other co-accused persons have been granted the privilege of regular bail by Co-ordinate benches of this Court vide order dated 03.12.2025 and 05.02.2026 passed in Cr. Misc. No.80755 of 2025 and Cr. Misc. No.484 of 2026 respectively.

Learned APP for the State opposed the bail

petition.

Taking into consideration the facts and circumstances and considering the recovery of quantity which is just a little over small quantity, coupled with the fact that the co-accused persons have been granted privilege of regular bail by Co-ordinate benches of this Court, let the above named petitioner, 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 the learned Exclusive Special Court-II (N.D.P.S.), Muzaffarpur/concerned Court below in connection with N.D.P.S. Case No.95 of 2025 arising out of

Patna High Court CR. MISC. No.72734 of 2025(3) dt.10-02-2026 3/3

Sadar P.S. Case No. 429 of 2025 subject to condition that:-

(i) One of the bailors will be his family member or relatives. (ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

anand/-

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