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Patna High Court

Harishankar Yadav @ Harisankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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