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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4929 of 2026

Arising Out of PS. Case No.-98 Year-2024 Thana- PUNPUN District- Patna

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Bundela Yadav @ Bundela Prasad S/O Late Bhramdeo Yadav R/O Village-

Teliyanpar, P.S- Punpun, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate

For the Opposite Party/s : Mr. Uday Pratap Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has prayed for bail in connection

with Special (NDPS) Case No. 232 of 2025 arising out of

Punpun P.S. Case No. 98 of 2024 registered for the offence

punishable under Sections 8(b), 15(b), 18(b) of the NDPS Act.

3. The case of the prosecution in short is that from the

fields of the petitioner, 5.5 kg of green poppy straw with

branches was recovered.

4. Learned counsel appearing on behalf of the

petitioner has submitted that petitioner is innocent and has

committed no offence. He has been falsely implicated in this

case. Learned counsel for the petitioner submits that nothing has

been recovered from the possession of this petitioner. He also

Patna High Court CR. MISC. No.4929 of 2026(2) dt.04-02-2026

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submits that the witnesses of the seizure list are police

personnel. Police has not complied with Section 105 of the

BNSS while making the seizure. He also submits that from

perusal of the seizure list, it is clear that the entire weight of

green poppy straw with branches was 5.5 kg. During the whole

investigation, it was not disclosed by the I.O. as to what was the

real weight of poppy straw which has been recovered. He also

submits that the recovery of alleged poppy straw is though more

than a small quantity but is much less than a commercial

quantity. He further submits that a statement has been made in

para 3 of the petition that petitioner has no criminal antecedent

and he is languishing in judicial custody since 27.09.2025.

5. The application for bail is opposed by learned APP

for the State.

6. Having heard learned counsel for the parties and

considering the facts and circumstances of the case, this Court is

inclined to enlarge the petitioner on bail. The above named

petitioner is directed to be enlarged on bail on furnishing bail

bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

of the like amount each to the satisfaction of the learned

Exclusive Special, (NDPS Act) Court No. 1^st, Patna in

connection with Special (NDPS) Case No. 232 of 2025 arising

Patna High Court CR. MISC. No.4929 of 2026(2) dt.04-02-2026

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out of Punpun P.S. Case No. 98 of 2024.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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