Patna High Court

Ramashish YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court held that bail may be granted in NDPS cases when the quantity is small, the accused has a clean antecedent, no witnesses have been examined, and there is no imminent conclusion of trial, subject to appropriate conditions.

Summary

Ramashish Yadav was arrested in a case under Sections 20, 22 and 23 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 4.30 kg of ganja, which he contended was not recovered from his possession as he was merely a passer‑by. He had been in custody since 16 June 2025 and the charges were framed on 28 August 2025, but no witness had been examined. The petitioner argued that he had a clean antecedent and that the quantity involved was small, far below a commercial amount. The State opposed bail. The High Court, noting the lack of witness examination, the small quantity, the petitioner’s clean record and the delay in trial, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance.

Issues considered

Whether bail can be granted in an NDPS case involving 4.30 kg of ganja considered a small quantity.
Whether the petitioner’s claim of being a mere passer‑by and not in possession affects bail eligibility.
Whether the duration of custody and the fact that charges have been framed but no witnesses examined justify bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 23

Subjects

bail
NDPS Act
small quantity
possession
pre‑trial detention
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74991 of 2025
                     Arising Out of PS. Case No.-205 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Ramashish Yadav S/O Chandeshwar Yadav Resident of village- Bhaur, P.S.-
                 Sitapur, Dist.- Sirha, Nepal                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah
                                                  Mrs. Archna Anand
                                                  Mr. Sumit Kumar Singh
                 For the Opposite Party/s :       Mr.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   13-02-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 20, 22, 23 of the N.D.P.S.

                   Act.

                                 3. As per FIR, total 4.30 kg of Ganja was recovered

                   from the motorcycle of the petitioner.

                                 4. Learned counsel for the petitioner submits that as a

                   matter of fact, no recovery was made from the possession of the

                   petitioner and he was only a passer-by who has arrested on mere

                   suspicion and a recovery of 4.30 kg of Ganja was shown from

                   his possession. It has further been submitted that the petitioner

                   has clean antecedent and is in custody since 16.06.2025 and the

                   charges have already been framed on 28.08.2025. In any view

                   of the matter, the seized quantity is a little over small quantity

                   and much less than commercial quantity.
             Patna High Court CR. MISC. No.74991 of 2025(4) dt.13-02-2026
                                                         2/2




                                    5. Learned APP for the State has opposed the

                       application for bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the petitioner

                       has remained in custody for sometime and charges have already

                       been framed, however, no witness has been examined till date as

                       such, there is no likelihood of the conclusion of the trial in the

                       near future, let the above named petitioner, be enlarged on bail

                       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 court below where the case is pending/successor

                       court in connection with Ladaniya P.S. Case No. 205 of 2025,

                       subject to the conditions that:

                                        (I) The petitioner shall cooperate in the conclusion

                       of trial till framing of charges.

                                        (I1) The petitioner shall appear on each and every

                       date till conclusion of trial and if the petitioner does not appear

                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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