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Patna High Court

Shivnandan Yadav @ Shyam Nandan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as a prima facie case exists in his favour.

Summary

Shivnandan Yadav sought anticipatory bail after an FIR alleged that 15‑20 green ganja plants were recovered from an abandoned house purportedly belonging to him, invoking Sections 179, 3(5) of the Bihar Narcotic Substances Act and Sections 8(c), 20(a)(i) and 29 of the NDPS Act. The petitioner claimed innocence, arguing that the quantity of cannabis had not been ascertained, the plants could have grown naturally, and he had a clean criminal record. The State opposed the bail. The High Court observed that the lack of a precise quantity determination and the possibility of natural growth created reasonable doubt, and the petitioner’s clean antecedent further supported bail. Consequently, the Court directed the District Court to grant anticipatory bail within four weeks, subject to a Rs.10,000 bond, two sureties, and verification of any pending cases, invoking Section 482 of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted in an NDPS case where the exact quantity of narcotic plants is not established and natural growth is plausible.
  • Whether a clean criminal antecedent warrants the grant of anticipatory bail despite the seriousness of the alleged offence.
  • Whether Section 482 of the Criminal Procedure Code can be invoked to secure anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • narcotic plants
  • quantity not determined
  • clean antecedent
  • Section 482 CrPC
  • bail jurisprudence
  • natural growth of cannabis

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30363 of 2026
                          Arising Out of PS. Case No.-34 Year-2026 Thana- KONCH District- Gaya
                 ======================================================
                 Shivnandan Yadav @ Shyam Nandan Yadav S/o Late Ramjatan Yadav R/o
                 Village - Garari Mathiya, PS - Konch, Dist. - Gayaji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :        Ms.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-05-2026                        Heard Mr. Sudhir Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and Ms.Pushpa Sinha.1,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Konch P.S. Case No. 34/2026 registered under Sections

                   179, 3(5) of BNS and Sections 8(c), 20(a)(i) and 29 of NDPS

                   Act.

                                3. As per the allegation made in the FIR, 15–20 green

                   ganja plants were recovered from an abandoned house allegedly

                   belonging to the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and has been

                   falsely implicated in the present case. It is further submitted that

                   although a seizure list was prepared, no determination was made
Patna High Court CR. MISC. No.30363 of 2026(2) dt.13-05-2026
                                            2/3




          regarding the total quantity of ganja allegedly recovered.

          Moreover, the possibility that the plants had grown naturally

          cannot be ruled out. Learned counsel also submitted that the

          petitioner has a clean antecedent. On these grounds, the

          petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties and upon perusal of the allegations made in the

          FIR, this Court finds that no determination has been made with

          regard to the total quantity of ganja allegedly recovered, and the

          possibility of the plants having grown naturally cannot, at this

          stage, be ruled out. Petitioner has clean antecedent. I am of the

          opinion that the petitioner has, prima facie, made out a case to

          be released on anticipatory bail.

                       7. The learned District Court is directed to release the

          petitioner on anticipatory bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, 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 - cum-Spl. Judge NDPS

          Act, Gayaji in connection with Konch P.S. Case No.34 of 2026,
           Patna High Court CR. MISC. No.30363 of 2026(2) dt.13-05-2026
                                                       3/3




                     subject to the condition as laid down under Section 482 of the

                     BNSS/438(2) of the Cr.P.C.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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