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Patna High Court

Lalan Yadav @ Lalan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Lalan Yadav, was charged under several provisions of the NDPS Act for alleged possession of narcotics after a raid recovered 10 kg of ganja and 3 g of brown sugar from his house. He contended that he was falsely implicated, no narcotic was found in his personal possession, and he had no prior criminal record. He had been in custody since 13 August 2025 and a charge sheet had been filed. The court noted that the quantity seized was below the commercial threshold, the petitioner was not arrested at the spot, and his co‑accused (his father) had already been granted bail. Considering the five‑month detention and the circumstances, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the facts of the case

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • narcotics
  • quantity less than commercial
  • custody
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5605 of 2026
                      Arising Out of PS. Case No.-47 Year-2025 Thana- RATANPUR District- Supaul
                 ======================================================
                 Lalan Yadav @ Lalan Kumar Yadav S/o- Devnarayan Yadav Village-
                 Satanpatti PS-Ratanpura, Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Murari Narain Chaudhary, Advocate
                 For the Opposite Party/s :      Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Ratanpur P.S. Case no.

                   47 of 2025 registered under sections 8, 20(b)(iii)(B), 8(c), 21 (a)

                   and 29 of the NDPS Act.

                                  3. As per the prosecution case, on a raid being

                   conducted, 10 Kgs of Ganja and 3 grams of brown sugar was

                   recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   case. No incriminating article has been recovered either from his

                   possession or from his house. Co-accused father of the

                   petitioner has been enlarged on bail vide order dated 15.10.2025

                   passed in Cr.Misc. no. 71669 of 2025. The petitioner has no
          Patna High Court CR. MISC. No.5605 of 2026(2) dt.04-02-2026
                                                      2/2




                    criminal antecedent and is in custody since 13.8.2025. Charge

                    sheet has been submitted in the case.

                                 5. Heard learned A.P.P. for the State.

                                 6. Having heard of accounts for the parties and taking

                    into consideration the allegations in the FIR, the petitioner not

                    having been arrested at the spot, the quantity of narcotic

                    substance recovered being less than the commercial quantity,

                    grant of bail to the co-accused vide aforesaid order dated 15.10.

                    2025, the petitioner having remained in custody for 5 months

                    since 13.8.2025 and chargesheet having been submitted in the

                    case, the Court directs the petitioner to be enlarged on bail in

                    connection with Ratanpur P.S. Case no. 47 of 2025 on furnishing bail

                    bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned District and

                    Additional Sessions Judge, VIIIth, Supaul.



                                                (Partha Sarthy, J)
Bibhash

U     T


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