Patna High Court
Lalu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seized contraband was below commercial quantity and no embargo under Section 37 of the NDPS Act applied.
Summary
Lalu Kumar Yadav was arrested on 13 September 2025 in connection with a case under the NDPS Act for alleged possession of 41.40 grams of brown sugar, which was seized from a co-accused and not from his conscious possession. He filed a bail petition, arguing that the quantity is below the commercial threshold and that Section 37 of the NDPS Act does not bar bail in such circumstances. The State opposed bail, noting the recovery of the contraband and a pending case against the petitioner. The court examined the facts, noted the lack of direct possession and the sub‑commercial quantity, and concluded that no embargo under Section 37 applies. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized contraband is less than commercial quantity and not found in the accused's possession.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present facts.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 37, 8(c)
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- Section 37
- brown sugar
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15021 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Lalu Kumar Yadav Son of Asarfi Yadav R/o Village - Bhelha, Ward No. 1,
P.S. - Lalmaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
: Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Gagandeo Yadav, learned counsel for the
petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
13.09.2025 in connection with Khutauna P.S. Case No. 146 of
2025, F.I.R. dated 12.09.2025 registered for the offence
punishable under Section 8(c),21,22 of N.D.P.S.Act.
3. Recovery is of 41.40 Gm of Brown Sugar.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from possession of
co-accused person, namely, Rajiv Kumar Sah and petitioner has
Patna High Court CR. MISC. No.15021 of 2026(2) dt.10-03-2026
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been made accused in the present case merely on the ground
that he was associated with co-accused person and recovered
contraband is less than the commercial quantity. Hence, there is
no embargo under Section 37 of the N.D.P.S.Act for grant of
bail to the petitioner and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 13.09.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that altogether 41.40 Gm of Brown Sugar was
recovered from possession of co-accused person and the
petitioner carries one more case other than the present one but
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and the recovered
contraband is less than the commercial quantity, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned C.J.M.,
Madhubani in connection with Khutauna P.S. Case No. 146 of
2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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