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Patna High Court

Ram Udit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

Ram Udit Yadav was arrested on 8 February 2026 in connection with NDPS Case No. 25 of 2025 for alleged possession of about 12 kg of ganja recovered from his residence, part of a total recovery of 19 plants. The petitioner contended that the FIR was fabricated, the quantity seized was below the commercial threshold, and therefore Section 37 of the NDPS Act did not bar bail; he also highlighted that a co‑accused, Fekan Yadav, had been granted bail by a coordinate bench. The State opposed bail, noting a second pending case in which the petitioner was already on bail. The Court observed that the seized contraband was indeed less than commercial quantity and that the precedent of granting bail to a similarly situated co‑accused warranted similar relief. Consequently, the Court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized quantity is less than commercial quantity and no embargo under Section 37 applies.
  • Whether the precedent of granting bail to a similarly situated co‑accused mandates bail in the present case.
  • Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects bail eligibility.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • contraband
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24387 of 2026
                    Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Ram Udit Yadav son of Late Ramdeo Yadav Resident of village- Gidarpur 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

                   08.02.2026 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 the petitioner

                   where one green plant of Ganja about 11.3 Kg was recovered

                   from the door of co-accused person, namely, Bechan Yadav

                   @ Ram Bachan Yadav.
Patna High Court CR. MISC. No.24387 of 2026(2) dt.10-04-2026
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                       4. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner 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 12 Kg of Ganja has been recovered from the Bari of the

          petitioner. 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

          08.02.2026.

                       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 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.
Patna High Court CR. MISC. No.24387 of 2026(2) dt.10-04-2026
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                       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

          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
               Patna High Court CR. MISC. No.24387 of 2026(2) dt.10-04-2026
                                                           4/4




                         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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