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Patna High Court

Rahul YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the contraband was below commercial quantity and no procedural violations warranted denial of bail.

Summary

The petitioner, Rahul Yadav, was arrested during a police raid on 20 November 2024 after his motorcycle slipped while fleeing, and illegal arms, live cartridges, 34 grams of heroin, mobile phones and a motorcycle were recovered. He sought bail, claiming false implication, no incriminating material in his conscious possession, and that the seized contraband was below commercial quantity, rendering Section 37 of the NDPS Act inapplicable. The prosecution opposed bail, citing the offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act. The court considered the low quantity of narcotics, the lack of witness tampering, and the period of custody, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety and regular appearance before the trial court.

Issues considered

  • Whether bail should be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
  • Whether Sections 42 and 50 of the NDPS Act have been complied with.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • commercial quantity
  • procedural compliance
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75109 of 2025
                       Arising Out of PS. Case No.-324 Year-2024 Thana- GUTHANI District- Siwan
                 ======================================================
                 Rahul Yadav S/O Vishwanath Yadav Resident of Village- Aranda Tola M.H.
                 Nagar, P.S- M. H. Nagar (Hussainganj), Distt.- Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with NDPS

                   Trial No. 19 of 2025, Guthani P.S. Case No. 324 of 2024

                   instituted for the offences under Sections 317(5), 3(5) of the

                   Bharatiya Nyaya Sanhita, Sections 25(1-b)a, 26, 35 of the Arms

                   Act and Sections 8(c), 21(a) of the N.D.P.S. Act.

                               3. Prosecution case, in short, is that on 20.11.2024,

                   during a police raid and vehicle checking near B.S.S. Academy,

                   two persons including the petitioner Rahul Yadav were

                   apprehended after their motorcycle slipped while trying to flee,

                   and from their possession illegal arms, live cartridges, 34 grams

                   of smack (heroin), mobile phones and a motorcycle were
Patna High Court CR. MISC. No.75109 of 2025(5) dt.04-02-2026
                                            2/3




          recovered.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Charge-sheet has been submitted in this case. Petitioner is in

          custody since 22.11.2024 and has two criminal antecedents.

          There is no allegation of tampering of witnesses alleged against

          the petitioner. No incriminating material has been recovered

          from the conscious possession of the petitioner. Petitioner has

          no concern with the alleged recovery. The recovered contraband

          is below commercial quantity, and hence, Section 37 of the

          N.D.P.S. Act is not applicable in the present case. There is no

          compliance of Sections 42 and 50 of the N.D.P.S. Act.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, recovered contraband being less than the

          commercial quantity as also the period of custody undergone by

          the petitioner, this Court is inclined to grant bail to the

          petitioner.

                        7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.75109 of 2025(5) dt.04-02-2026
                                                       3/3




                     below/concerned Court in connection with NDPS Trial No. 19

                     of 2025, Guthani P.S. Case No. 324 of 2024, subject to the

                     following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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