Patna High Court
Purendra Yadav @ Purendar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as there was no embargo under Section 37, the seized quantity was below commercial quantity, and the petitioner had a clean antecedent.
Summary
Purendra Yadav, a bus cleaner, was arrested on 21 September 2025 in connection with an FIR alleging offences under Sections 20(b) and 22 of the NDPS Act after 8.192 kg of ganja was recovered from the bus he was cleaning. The petitioner argued that he had a clean antecedent, the contraband was not in his conscious possession and was below the commercial quantity, and that the mandatory provisions of the NDPS Act were not complied with, thus no embargo under Section 37 applied. The State opposed bail. The Court held that, given the absence of a commercial quantity, the lack of embargo, and the petitioner’s clean record, bail could be granted. Accordingly, the petitioner was released on bail of Rs 10,000 with two sureties and subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order directed the lower court to verify the antecedent but not to delay bail on that ground.
Issues considered
- Whether Section 37 of the NDPS Act imposes an embargo on bail when the seized narcotic quantity is below commercial quantity.
- Whether a person not in conscious possession of the seized contraband and with a clean antecedent is eligible for bail under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 22, 37
Subjects
- bail
- Narcotic Drugs and Psychotropic Substances Act
- Section 37
- commercial quantity
- clean antecedent
- excise
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5371 of 2026
Arising Out of PS. Case No.-1006 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Purendra Yadav @ Purendar Yadav Son of Suna Yadav Resident of Village -
Betra, P.O. - Regle, P.S. - Bagicha, District - Jaspur, Chhatisgarh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyamal Prakash, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr.Shyamal Prakash, learned counsel for the
petitioner and Mr.Nagendra Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
21.09.2025 in connection with Excise Sadar Aurangabad P.S.
Case No. 1006 of 2025, F.I.R. dated 21.09.2025 registered for
the offence punishable under Sections 20(b),22 of N.D.P.S.Act.
3. Recovery is of 08.192 Kgs of Ganja.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that nothing has been recovered from conscious
possession of the petitioner rather the recovery has been made
from the Bus in question and the petitioner has been made
accused in the present case merely on the ground that he is
Cleaner of the Bus in question and apart from the aforesaid,
Patna High Court CR. MISC. No.5371 of 2026(2) dt.28-01-2026
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there is non-compliance of the mandatory provisions of the
NDPS Act and 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. The
police, after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 21.09.2025.
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, petitioner has clean
antecedent, 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 District and Addl. Sessions Judge-1st
-cum-Special Judge (SC/ST, Children and NDPS Act)
Aurangabad (Bihar) in connection with Excise Sadar
Aurangabad P.S. Case No. 1006 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
Patna High Court CR. MISC. No.5371 of 2026(2) dt.28-01-2026
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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 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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