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Patna High Court

Rama Yadav @ Ramnarayan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Rama Yadav, sought anticipatory bail after being implicated in a drug smuggling case involving 182.36 kg of ganja seized from a Maruti Swift intercepted on the Koshi river. The FIR alleged that the petitioner, along with others, was involved in trafficking contraband from Nepal, based largely on statements of three co-accused who were already arrested. The petitioner argued that the implication was false, citing a prior non‑NDPS criminal record and noting that the co‑accused had been granted regular bail in related matters. The court considered the seriousness of the allegation, the commercial quantity of the seized narcotics, and the potential investigative value of the co‑accused’s statements. Concluding that these factors outweighed the petitioner's claim, the court declined to grant anticipatory bail, thereby rejecting the petition.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of a serious NDPS offence involving a commercial quantity of narcotics.
  • Whether statements of co‑accused persons provide sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug trafficking
  • commercial quantity
  • co‑accused statements
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2325 of 2026
                       Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
                 ======================================================
                 Rama Yadav @ Ramnarayan Yadav Son of Late Sukal Yadav Resident Of
                 Village- Kataiya Ward no. 1, Near Anganbari, Sitapur, Ps- Bhimnagar, Dist-
                 Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Purushottam Kumar
                 For the Opposite Party/s :        Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Bhimnagar P.S. Case No. 51 / 2025 dated 07.07.2025 registered

                   for the offence under Section 8/20(b)(ii)(c) / 29 NDPS Act.

                       3. As per the F.I.R. on 07.07.2025 at about 9:05 P.M. on the

                   basis of secret information that illicit contraband material was

                   being transported through Koshi river on a Maruti Swift Car, the

                   Police party intercepted the car from where three persons were

                   arrested. Upon interrogation and search, Police recovered

                   182.360 KG of ‘Ganja’ from their possession. They disclosed

                   the name of the petitioner along with others, saying that they

                   along with the petitioner and other accused persons have been

                   doing smuggling of ‘Ganja’ from Nepal through Koshi river.
               Patna High Court CR. MISC. No.2325 of 2026(2) dt.28-01-2026
                                                           2/2




                             4. Learned counsel for the petitioner submits that petitioner

                         has falsely been implicated in this case on the basis of statement

                         made by arrested co-accused. He further submits that though the

                         petitioner is having one criminal antecedent but that was not in

                         relation to the NDPS Act. He further argued three arrested

                         accused persons have been granted regular bail by a Co-ordinate

                         Bench of this Court vide Cr. Misc. Nos. 85844 of 2025, 589 of

                         2026 & 592 of 2026.

                             5. Regard being had to the submission made by the parties,

                         taking into consideration the nature of allegation, the fact that

                         arrested co-accused persons have disclosed that the petitioner

                         and others were involved in trafficking of contraband material

                         i.e. ‘Ganja’ and huge / commercial quantity of ‘Ganja’ has been

                         recovered, as such, I am not inclined to grant anticipatory bail to

                         the petitioner for the reason that the statement of the arrested

                         co-accused may be the basis for further investigation against the

                         petitioner. Accordingly, the prayer for anticipatory bail is

                         rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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