Patna High Court
Lalan Yadav @ Lalan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(iii)(B), 21(a), 29, 8, 8(c)
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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