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
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