Patna High Court
Harishankar Yadav @ Harisankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Harishankar Yadav was arrested for alleged possession of 3.7 kg of ganja while driving a motorcycle, charged under Sections 8, 20(B)(ii)(c) and 30(a) of the NDPS Act, 1985. He claimed he was falsely implicated, argued that the seized quantity was only an intermediary amount, and contended that the procedural requirements of Section 105 of the B.N.S.S. were not observed. The State opposed his bail, citing his prior criminal antecedent and continued custody since 16‑10‑2025. The Court examined the facts, the nature of the offence, and the procedural lapse, and decided to grant regular bail on condition of a Rs.10,000 bond with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act for possession of an intermediary quantity of narcotic substance.
- Whether non‑compliance with the procedure prescribed under Section 105 of the B.N.S.S. warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent and period of custody affect the bail decision.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(B)(ii)(c), 30(a), 8
Subjects
- bail
- NDPS Act
- intermediary quantity
- procedural compliance
- criminal antecedent
- drug possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18827 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Harishankar Yadav @ Harisankar Yadav S/o Daroga Yadav R/o Village -
Samara Nawada, P.S - Yadopur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Kumar, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Yadopur P.S. Case No.
197 of 2025 registered for the offences punishable under Section
8, 20(B) ii(c) 30(a) of the N.D.P.S. Act, 1985.
3. As per the prosecution case, total 3.700 kilo grams
of ganja is stated to have been recovered from the bag kept on
the motorcycle which the petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the alleged amount
recovered from the possession of the petitioner is in
intermediary quantity. It is next submitted that the procedure
Patna High Court CR. MISC. No.18827 of 2026(2) dt.25-03-2026
2/2
prescribed under Section 105 of the B.N.S.S. has not been
followed. Moreover, the petitioner has one criminal antecedent
and is in custody since 16.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gopalganj, in connection with
Yadopur P.S. Case No. 197 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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