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Patna High Court

Lalu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.15021 of 2026(2) dt.10-03-2026
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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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