Patna High Court
Ajay Kumar Yadav @ Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the contraband recovered was below commercial quantity and the petitioner had no incriminating material nor prior record.
Summary
Ajay Kumar Yadav was arrested in connection with a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act after 12.6 kg of ganja was recovered from a co-accused. The petitioner claimed he was falsely implicated, asserting that no narcotic material was found in his possession, the quantity seized was below commercial quantity, and he had no prior criminal record. The State opposed bail, while the petitioner argued that Sections 37, 42 and 50 of the NDPS Act were not applicable. The Court considered the low quantity of the seized contraband and the petitioner’s clean antecedents, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act when the seized narcotic quantity is below commercial quantity
- Whether the provisions of Sections 37, 42 and 50 of the NDPS Act are attracted in the present case
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13670 of 2026
Arising Out of PS. Case No.-212 Year-2024 Thana- FULKAHA District- Araria
======================================================
Ajay Kumar Yadav @ Ajay Yadav S/O Babunand Yadav @ Babunandan
Yadav @ Babunnd Yadav R/O Village- Laxmipur, Ward No.11, P.S- Fulkaha,
Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
2. The petitioner seeks bail in connection with Fulkaha
P.S. Case No. 212 of 2024, instituted for the offences punishable
under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 12.6 Kg of Ganja from the possession of the co-
accused Raj Kumar Paswan.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.13670 of 2026(2) dt.25-02-2026
2/2
from the co-accused Raj Kumar Paswan. Learned counsel for
the petitioner further submits that the petitioner has got no
concern with the alleged recovery of Ganja. The recovered
contraband is below the commercial quantity. Hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. The
petitioner is in custody since 24.12.2025 and has got no criminal
antecedent. 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, the recovered contraband being below the
commercial quantity and 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 Fulkaha P.S. Case
No. 212 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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