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Patna High Court

Sadhu Kumar Yadav @ Pintu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the substantial quantity of narcotics seized warranted the dismissal of the bail application.

Summary

The petitioner, a 19‑year‑old named Sadhu Kumar Yadav, applied for regular bail after being arrested on 17‑10‑2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The police recovered 13 kg of doda fruit, 33 kg of doda husk and 9 kg of doda powder from the roof of his house and seized him on the spot. The petitioner claimed he was falsely implicated, that the narcotics belonged to his family, and that he had no prior criminal record, undertaking to cooperate with the trial. The State opposed bail, emphasizing the large quantity of narcotics seized. The Court, considering the magnitude of the seizure, was not inclined to grant bail and dismissed the application. Consequently, the petitioner remains in custody.

Issues considered

  • Whether regular bail should be granted to an accused under Sections 8, 17(c) and 18(c) of the NDPS Act when a large quantity of narcotics has been seized.
  • Whether the size of the seizure justifies denial of bail despite the accused’s claim of innocence and lack of antecedents.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics seizure
  • large quantity
  • presumption of innocence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20855 of 2026
                      Arising Out of PS. Case No.-126 Year-2025 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Sadhu Kumar Yadav @ Pintu Kumar S/O Beera Yadav @ Bira Yadav
                 Resident of Village- Baijnathpur P.s.- Sindhugarh, Dist.- Gaya, Gayajee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar II, Advocatae
                                                 Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :      Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with

                   Sindhugarh P.S. Case No. 126/2025 registered for the offences

                   punishable under Sections 8, 17(c) and 18(c) of N.D.P.S. Act.

                                 3. As per the prosecution case, 13 kg doda fruit, 33 kg

                   doda husk and 9 kg of doda powder has been recovered from

                   the roof of a house and the petitioner was apprehended on the

                   spot.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is a 19-year-old boy who is innocent and has been

                   falsely implicated in the case and that the narcotics seized from

                   the spot belonged to his family members. Learned counsel
              Patna High Court CR. MISC. No.20855 of 2026(2) dt.01-04-2026
                                                          2/2




                        further submits that he has no criminal antecedents and is in

                        custody since 17.10.2025. The petitioner undertakes to co-

                        operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the huge recovery, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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