Patna High Court
Ram Udit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37
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.
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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
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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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