Created by Fuzzy Cloud

Patna High Court

Bhuteli YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the case was not deemed fit for such relief.

Summary

The petitioner, Bhuteli Yadav, sought anticipatory bail fearing arrest in a case (PS No.858/2024) under Sections 8(c) and 21(a) of the NDPS Act where 3.4 kg of ganja was seized. He argued that he was falsely implicated, had no criminal record, no contraband was found in his possession, and the quantity seized was below commercial quantity, making Section 37 inapplicable and there was no compliance with Sections 42 and 50 of the NDPS Act. The State opposed the bail. The Court held that the circumstances did not warrant anticipatory bail and therefore rejected the petition. However, the Court directed that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the NDPS Act.
  • Whether the seized quantity qualifies as a commercial quantity invoking Section 37 of the NDPS Act.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 8(c)
  • Section 21(a)
  • Section 37
  • Section 42
  • Section 50
  • false implication
  • commercial quantity
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16755 of 2026
                     Arising Out of PS. Case No.-858 Year-2024 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Bhuteli Yadav Son of Bhagrasan Sah R/O village - Bagha, P.S.- Yadopur,
                 District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Adesh Raj Singh , Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Gopalganj P.S. Case No. 858 of 2024 instituted for the

                   offences under Sections 8(c), 21(a) of the N.D.P.S. Act.

                               3. Prosecution case, in short, is that                total 3.400

                   kilogram of ganja has been recovered in this case.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner has no criminal antecedent. There is no allegation of

                   tampering of witnesses alleged against the petitioner. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. The recovered contraband is below
           Patna High Court CR. MISC. No.16755 of 2026(2) dt.13-03-2026
                                                       2/2




                     commercial quantity, and hence, Section 37 of the N.D.P.S. Act

                     is not applicable in the present case. There is no compliance of

                     Section 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, in my view, this is not a fit case for anticipatory bail,

                     and hence, I am not inclined to grant anticipatory bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

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.