Created by Fuzzy Cloud

Patna High Court

Pradeep Kumar Yadav @ Pradip Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied as the court was not inclined to grant bail in view of the commercial quantity of ganja recovered.

Summary

The petitioner, Pradeep Kumar Yadav, was arrested at the scene of a drug seizure with 52.3 kg of ganja in two plastic bags. He filed a bail application, contending that he was only one among many who were present and that the majority had fled, so the recovery could not be attributed solely to him. The State opposed bail, emphasizing the commercial quantity of the narcotic involved. The Patna High Court, after considering the facts, held that the possession of a commercial quantity under Sections 20 and 22 of the NDPS Act warrants denial of bail. Consequently, the court rejected the bail plea but permitted the petitioner to file a fresh application after six months.

Issues considered

  • Whether bail can be granted to a person arrested with commercial quantity of narcotic under Sections 20 and 22 of the NDPS Act.
  • Whether the presence of other persons who fled negates the recovery being attributed to the petitioner.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • drug possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14040 of 2026
                    Arising Out of PS. Case No.-242 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Pradeep Kumar Yadav @ Pradip Kumar Yadav S/o Ram Bharosh Yadav R/o
                 Village- Jathi, PS- Jathi, District- Dhanusha, Nepal

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gagan Deo Yadav, Adv.
                                                 Mr. Vinod Kumar, Adv.
                                                 Mr. Udeshya Kumar Yadav, Adv.
                                                 Mr.Rajesh Kumar, Adv.
                                                 Mr. Ravi Prakash, Adv.
                 For the Opposite Party/s :      Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Harlakhi P.S. Case No. 242 of 2025 registered for the offence

                   punishable under Sections-20 & 22 of the N.D.P.S. Act.

                                 3. As per allegation, the petitioner was arrested at the

                   spot with 52.3 kg. of Ganja kept in two plastic bags.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is one of the persons whereas large number of

                   persons succeeded in fleeing away. Thus the recovery can not be

                   said from the petitioner.

                                 5. Learned APP has opposed the prayer for bail.
            Patna High Court CR. MISC. No.14040 of 2026(3) dt.01-04-2026
                                                        2/2




                                   6. Considering the fact that Ganja in commercial

                      quantity was recovered from the petitioner, I am not inclined to

                      grant bail to the petitioner and accordingly, the same is rejected.

                                   7. However, the petitioner may renew his prayer for

                      bail after six months.



                                                       (Ansul, J)
A.K.V.//-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.