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Patna High Court

Rupesh Kumar Yadav @ Rupesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the seized contraband was less than commercial quantity and the mandatory provisions of the NDPS Act were not complied with, there is no embargo under Section 37, warranting the grant of bail.

Summary

The petitioner, Rupesh Kumar Yadav, was arrested on 24 November 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 6 kg of ganja. He applied for bail, claiming a clean antecedent and that the FIR was fabricated. The State opposed the bail, invoking the seriousness of the offence. The court examined the quantity seized, noting it was below the commercial quantity but above the small quantity, and observed non‑compliance with the mandatory provisions of the NDPS Act, thereby finding no embargo under Section 37. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the Principal Sessions Judge, Madhubani, for implementation.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act given the quantity of narcotics seized.
  • Whether the mandatory provisions of the NDPS Act, including the embargo under Section 37, are applicable in this case.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • drug possession
  • quantity thresholds
  • Section 37
  • mandatory provisions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5197 of 2026
                  Arising Out of PS. Case No.-181 Year-2025 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Rupesh Kumar Yadav @ Rupesh Yadav Son of Ashok Yadav @ Ashok Kumar
                 Yadav @ Ashik Yadav Resident of Village- Rajviraj Ward No. 2 (wrongly
                 mentioned in F.I.R. Ward No.5), P.S.- Rajviraj, District- Saptari (Nepal)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                   Heard Mr.Sanjay Kumar Jha, learned counsel for the

                   petitioner and Mr.Anil Prasad Singh,              learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   24.11.2025 in connection with Andhramath P.S. Case No. 181 of

                   2025, F.I.R. dated 23.11.2025 registered for the offence

                   punishable under Sections 8(C),20(b)ii(B),25A of N.D.P.S.Act.

                                3. Recovery is of 06 Kgs of Ganja.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation

                   as alleged in the FIR is false and fabricated and the petitioner

                   has not committed any offence as alleged in the FIR. He further

                   submits that it appears from the FIR that altogether 06 Kgs of
Patna High Court CR. MISC. No.5197 of 2026(2) dt.28-01-2026
                                            2/3




          Ganja has been recovered from possession of the petitioner.

          Further submits that there is non-compliance of the mandatory

          provisions of the NDPS Act and the recovered contraband is less

          than the commercial quantity but more than the small quantity.

          Hence, there is no embargo under Section 37 of the N.D.P.S.Act

          for grant of bail to the petitioner and the petitioner is in custody

          since 24.11.2025.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       6.   Considering        the    aforesaid   facts,   recovered

          contraband is less than the commercial quantity and there is

          non-compliance of the mandatory provisions of the NDPS Act,

          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 Principal

          Sessions Judge, Madhubani in connection with Andhramath P.S.

          Case No. 181 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.
               Patna High Court CR. MISC. No.5197 of 2026(2) dt.28-01-2026
                                                           3/3




                                      (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 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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