Patna High Court
Vishal Kumar Yadav @ Vishal Kr. YadawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted, subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
Vishal Kumar Yadav was arrested in connection with a case registered under Sections 317(5) and 61(1) of the Bihar Narcotic Substances (Control) Act and Section 21(b) of the NDPS Act for allegedly possessing 14.88 grams of "smack". The petitioner claimed that the seizure was illegal and that he was falsely implicated, asserting that no incriminating material was recovered from his possession. He had been in custody since 30 August 2025 and already had an antecedent case for which he was out on bail. The prosecution submitted a charge sheet, and the State opposed bail. The Court, after considering the charge sheet, the period of custody, and the petitioner’s antecedents, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order also required a close relative as one bailor and compliance with court dates, with cancellation provisions for non‑appearance.
Issues considered
- Whether bail can be granted in an NDPS case involving possession of 14.88 g of cannabis resin.
- Whether the search and seizure complied with the mandatory provisions of the NDPS Act.
- Whether the petitioner’s antecedent case and period of custody justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 317(5), 480(3), 61(1)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b)
Subjects
- bail
- NDPS Act
- search and seizure
- possession of narcotics
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30465 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Vishal Kumar Yadav @ Vishal Kr. Yadaw, S/O Sanjay Yadav @ Sanjay
Kumar Yadav, Resident of Village – Narayanpur Pachrukhi, P.S- Pachrukhi,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurabh Kumar, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Manjhagarh P.S. Case No. 313 of 2025
registered for the alleged offences under Sections 317(5), 61(1)
of BNS and Section 21(b) of NDPS Act.
3. As per prosecution case, the petitioner was
apprehended carrying 14.88 gm of smack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The search and seizure has
been made violating the mandatory provisions of the NDPS Act.
Patna High Court CR. MISC. No.30465 of 2026(2) dt.12-05-2026
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The witnesses are members of police party. The petitioner is in
custody since 30.08.2025 and is having antecedent of one case
in which he is on bail. The charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge, Gopalganj/court concerned in
connection with Manjhagarh P.S. Case No. 313 of 2025, subject
to the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
Patna High Court CR. MISC. No.30465 of 2026(2) dt.12-05-2026
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cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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