Patna High Court
Yogesh Kumar @ Yogesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court held that bail could not be granted in view of the gravity of the offence and the commercial quantity of the seized narcotics.
Summary
Petitioner Yogesh Kumar sought regular bail in an NDPS case where 386.9 kg of ganja was seized from a truck he owned and was found sitting in. The prosecution alleged his involvement in possession and transportation of the contraband, while the petitioner claimed innocence and that no contraband was found in his conscious possession. The petitioner highlighted that co‑accused who were merely helpers had been granted bail. The State argued that the quantity was commercial and the petitioner, as owner‑driver, bore greater culpability. Considering the seriousness of the offence and the commercial quantity involved, the Court rejected the bail application.
Issues considered
- Whether regular bail can be granted to the accused in an NDPS case involving commercial quantity of narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 25, 29
Subjects
- NDPS Act
- bail
- commercial quantity
- possession
- transportation
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73934 of 2024
Arising Out of PS. Case No.-6 Year-2022 Thana- D.R.I District- Muzaffarpur
======================================================
Yogesh Kumar @ Yogesh Kumar Singh Son of Rajendra Singh R/O Vill.-
Dhaneta Post- Meerganj P.S.- Fatehganj, Dist.- Bareilly, U.P.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India Through D.R.I Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the State : Mr.Dr.Mrityunjaya Kr.Gautam
For the Informant : Mr. Ankit Katriar, Sr. Standing Counsel, DRI
Mr. Ankit Kumar Singh, Jr Standing counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
12 31-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with NDPS Case No. 32 of 2023 arising out of DRI Case No.
06/2022-2023 registered for the offences punishable under
Sections 20, 25, 29 of the NDPS Act.
3. As per prosecution case, 386.9 kgs of ganja is alleged
to have been recovered from a truck loaded with bamboo. It is
alleged that the petitioner Yogesh Kumar @ Yogesh Kumar Singh,
along with co-accused Deepak Bajaj was involved in possession
and transportation of the said contraband. It is further alleged that
the petitioner disclosed the involvement of co-accused Pawan
Singh in procuring and loading the seized ganja.
Patna High Court CR. MISC. No.73934 of 2024(12) dt.31-01-2026
2/2
4. The learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this
case. Nothing was recovered from the conscious possession of the
petitioner. He has further submitted that the co-accused namely,
Deepak Baza @ Deepak Bajaj and Pawan Singh @ Pawan singh
have been granted bail by a co-ordindate Bench of this Court.
5. On the other hand, the learned APP for the State and
the learned counsel for the informant have opposed the prayer for
bail and submitted that the seized contraband is of commercial
quantity. They further submitted that the contraband was recovered
from the truck in which the petitioner along with other co-accused
person was found sitting. The case of the petitioner cannot be
equated with the case of co-accused, who has been granted bail
because the petitioner is owner-cum-driver of the truck and was
found sitting in the truck in question, whereas the co-accused, who
has been granted bail is helper of the driver.
6. Considering the above-mentioned facts and
circumstances as well as the gravity of the allegation, I do not
think it to be a fit case for bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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