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Patna High Court

Raj Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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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