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Patna High Court

Dev Kant Yadav @ Deokant YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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