Patna High Court
Rahul YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(a), 37, 42, 50, 8(c)
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
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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
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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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