Patna High Court
Bachan Yadav @ Ram Bachan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is to be granted as the seized narcotic quantity is below the commercial threshold and a similarly situated co‑accused has already been released on bail.
Summary
Bachan Yadav was arrested on 31 January 2026 in NDPS Case No. 25 of 2025 for alleged possession of 11.3 kg of ganja recovered from his residence, part of a total of 19 plants seized. The petitioner claimed a clean antecedent and argued that the recovered quantity was below the commercial threshold, rendering Section 37 of the NDPS Act inapplicable for bail denial. He also highlighted that a similarly situated co-accused, Fekan Yadav, had been granted bail by a coordinate bench. The State opposed bail, but the Court, noting the lesser quantity and the precedent, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents. The order directed the lower court to release the petitioner on bail subject to these conditions.
Issues considered
- Whether bail can be granted in an NDNDPS case where the seized narcotic quantity is below the commercial quantity under Section 37.
- Whether the precedent of bail granted to a similarly situated co-accused mandates bail for the petitioner.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023, affects the bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- co‑accused precedent
- criminal antecedent
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21451 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Bachan Yadav @ Ram Bachan Yadav S/o- Bishundeo Yadav R/v- Rupabigha
Ps- Hulasganj Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr.Uday Kumar, learned counsel for the
petitioner and Mr.Sanjay Kumar Tiwary, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
31.01.2026 in connection with NDPS Case No. 25 of 2025
arising out of Hulasganj P.S.Case No.39 of 2025, F.I.R. dated
09.02.2025 registered for the offence punishable under Sections
Sections 20,22 of N.D.P.S.Act.
3. There is allegation of recovery of about 10 green
plants of Ganja about 12 Kg from the Bari of co-accused person,
namely, Ram Udit Yadav where one green plant of Ganja about
11.3 Kg was recovered from the door of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.21451 of 2026(2) dt.10-04-2026
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has not committed any offence as alleged in the FIR. It appears
from the FIR that altogether 19 plants of Ganja was recovered
from the place of occurrence and from the door of the petitioner
total 11.3 Kg of Ganja has been recovered. Learned counsel for
the petitioner submits that the 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,
apart from that there is non-compliance of Sections 103 and
105 of BNSS, 2023 and similarly situated co-accused person,
namely, Fekan Yadav has been granted bail by a Coordinate
Bench of this Hon’ble Court vide order dated 12.01.2026 passed
in Cr. Misc. No.87502 of 2025 and the petitioner is in custody
since 31.01.2026.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, recovered
contraband is less than the commercial quantity and similarly
situated co-accused person, namely, Fekan Yadav has been
granted bail by a Coordinate Bench of this Hon’ble Court, 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 Sessions
Patna High Court CR. MISC. No.21451 of 2026(2) dt.10-04-2026
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Judge, Jehanabad or its Successor Court in connection with
NDPS Case No. 25 of 2025 arising out of Hulasganj P.S.Case
No.39 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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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