Patna High Court
Ram Lal Yadav @ Lungi YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed; bail cannot be granted in view of the massive drug seizure and the petitioner’s criminal antecedents.
Summary
Ram Lal Yadav, detained since 24 October 2024, applied for regular bail in a case registered under Sections 21 and 22 of the NDNDPS Act where 4,488 capsules of narcotic drugs were recovered from his possession. The petitioner also faces seven other serious charges under the Excise Act, Drugs & Cosmetics Act and the NDNDPS Act. The High Court, recalling its earlier order rejecting bail, held that the large quantity of drugs seized and the petitioner’s extensive criminal antecedents negated any ground for bail. The Court further directed the trial court to expedite framing of charges. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted to an accused under Sections 21 and 22 of the NDNDPS Act when a large quantity of narcotics has been seized.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the earlier bail order can be reviewed in light of the present application.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 21
- Section 22
- narcotic drugs
- criminal antecedent
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3768 of 2026
Arising Out of PS. Case No.-214 Year-2024 Thana- JOGBANI District- Araria
======================================================
Ram Lal Yadav @ Lungi Yadav S/o- Late Nageshwar Yadav R/v- Indira
Nagar, Tikuliya Basti W.No-3, Ps- Jogbani Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection Jogbani P.S. Case No. 214 of
2024 registered for the offence under Sections 21 and 22 of the
N.D.P.S. Act. Earlier the bail application of the petitioner was
rejected vide order dated 07.05.2025 passed in Cr. Misc. No.
28664 of 2024 which reads as under:-
Heard the learned counsel for the petitioner
and learned APP for the State.
2. The petitioner, who is in custody since
24.10.2024, seeks regular bail in connection with
Jogbani P.S. Case No. 214 of 2024 registered for the
offence under Sections 21/22 of the NDPS Act.
3. As per the prosecution case, total 4488
capsules of narcotic drugs have been recovered from the
possession of the petitioner.
Patna High Court CR. MISC. No.3768 of 2026(2) dt.12-02-2026
2/2
4. The petitioner is accused in seven more
similar and serious case under the Excise Act, Drugs &
Cosmetics Act and under NDPS Act.
5. Considering the huge recovery of narcotic
drugs from the petitioner as well as the criminal
antecedent of the petitioner, I am not inclined to grant
bail to the petitioner.
6. Accordingly, this application for regular
bail is hereby rejected.
7. The petitioner may renew his prayer for
bail, if the trial is delayed.
3. It has been submitted by the learned counsel for the
petitioner that the petitioner has seven criminal antecedents and
he is custody since 24.10.2024.
4. Considering the huge recovery, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial
and frame the charges at the earliest.
(Sandeep Kumar, J)
tusharika/-
U T
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