Patna High Court
Raj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the application.
Summary
The petitioner, Raj Kumar Yadav, applied for regular bail in a case registered under Sections 20 and 22 of the NDPS Act, where 31.6 kilograms of ganja were seized from his residence and he has been in custody since July 2024 with a prior criminal record. The bail application had previously been rejected on 19 April 2025. In the present hearing, the petitioner sought a review of the earlier decision, arguing that the charges had been framed and that he was entitled to bail. The court examined the magnitude of the drug seizure, the seriousness of the offences, and the petitioner’s antecedents, and found no merit in revisiting the earlier order. Consequently, the court upheld the earlier denial and dismissed the second bail application.
Issues considered
- Whether regular bail can be granted to an accused under Sections 20 and 22 of the NDPS Act when a large quantity of narcotics has been seized and the accused has prior criminal antecedents.
Legislation cited
Subjects
- bail
- NDPS Act
- drug seizure
- criminal antecedent
- regular bail
- trial proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69884 of 2025
Arising Out of PS. Case No.-203 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Raj Kumar Yadav Son of Late Jago Yadav @ Gajo Yadav R/o vill.-
Lakshmipur, P.S.- Sahebpur Kamal, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Amresh Kumar Sinha. Advocate
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned Senior counsel for the petitioner
and the learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Sahebpur Kamal P.S.
Case No. 203 of 2024 registered for the offence under Sections
20 and 22 of the NDPS Act.
3. Earlier the bail application of the petitioner was
rejected on 19.04.2025 in Cr. Misc. No. 5560 of 2025 which
reads as follows:-
Heard the learned counsel for the petitioner
and learned APP for the State, Sri Jharkhandi Upadhyay.
2. The petitioner seeks regular bail in
connection with Sahebpur P.S. Case No. 203 of 2024
registered for the offence under Sections 20 & 22 of the
NDPS Act.
3. 31.600 kilograms of ganja has been
recovered from the house of the petitioner. Petitioner is
Patna High Court CR. MISC. No.69884 of 2025(3) dt.11-02-2026
2/2
in custody since 07.07.2024 and has criminal antecedent
also.
4. Considering the huge recovery of ganja
from the house of the petitioner, I am not inclined to
grant bail to the petitioner. Accordingly, this application
for regular bail is dismissed.
4. The charges have been framed in the trial. This
Court finds no ground to review its earlier order. Accordingly,
this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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