Patna High Court
Dev Kant Yadav @ Deokant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dev Kant Yadav, was arrested in connection with a case under Sections 20 and 22 of the NDPS Act for alleged possession of 3.009 kg of ganja. He contended that he was falsely implicated, had no prior criminal record, and that no incriminating material was found on his person. The prosecution argued the recovery of the narcotic, while the petitioner highlighted that the quantity was below commercial threshold, rendering Section 37 inapplicable, and that Sections 42 and 50 of the NDPS Act were not complied with. The court examined these facts, noting the lack of evidence linking the petitioner to the contraband and the short period of custody. Consequently, the court granted bail, ordering a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of narcotics below commercial quantity.
- Whether the provisions of Sections 42 and 50 of the NDPS Act have been complied with in the present case.
- Whether Section 37 of the NDPS Act is applicable when the seized quantity is less than commercial quantity.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 37, 42, 50
Subjects
- bail
- NDPS Act
- possession
- less than commercial quantity
- Section 20
- Section 22
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11008 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Dev Kant Yadav @ Deokant Yadav S/o- Late Mahendra Yadav Resident of
Village- Kumraul Kumrou, Ward No. 4, P.S.- Ghanshyampur, District-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ghanshyampur P.S. Case No. 367 of 2025 instituted for the
offences under Sections 20, 22 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 3.009
kilogram 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 25.10.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.11008 of 2026(2) dt.23-02-2026
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the conscious possession of the petitioner. Petitioner has no
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 Ghanshyampur P.S.
Case No. 367 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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