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Patna High Court

Daulat YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to conditions, despite the recovery of an intermediate quantity of ganja.

Summary

Daulat Yadav was arrested in connection with a case under the NDPS Act for alleged possession of 3.080 kg of ganja, charged under Sections 8, 20(b)(ii)(B) and 25. He had been in custody since 7 January 2025 and had previously applied for regular bail, which was rejected. On a second bail application, the petitioner argued innocence and a clean criminal antecedent, while the prosecution opposed bail. The court considered the length of custody, the intermediate quantity of narcotics seized, and the petitioner’s clean record, and decided to grant regular bail subject to monetary surety and attendance conditions. The bail order required the petitioner to appear at the police station every Sunday, cooperate with the trial, and allowed verification of his antecedent without delaying bail.

Issues considered

  • Whether regular bail should be granted to an accused under the NDPS Act when an intermediate quantity of narcotics is recovered and the accused has a clean antecedent.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • drug offence
  • intermediate quantity
  • clean antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75231 of 2025
                           Arising Out of PS. Case No.-8 Year-2025 Thana- SARSI District- Purnia
                 ======================================================
                 Daulat Yadav S/o Bhupendra Yadav R/o Village- Jiyanganj, Madhya Tola,
                 P.S.- Sarsi, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N.K. Agrawal, Sr. Advocate
                                                    Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :         Mr. Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-01-2026                   Heard the learned Senior counsel for the petitioner

                   and the learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner for regular

                   bail in connection with Sarsi P.S. Case No. 8 of 2025 registered

                   for the offence under Sections 8, 20(b)(ii)(B) and 25 of the

                   NDPS Act. Earlier the bail application of the petitioner was

                   rejected by this Court vide Cr. Misc. No. 25123 of 2025 dated

                   01.05.2025.

                                 3. As per the prosecution case, there is recovery of

                   3.080 Kg of ganja from the petitioner.

                                 4. Learned Senior counsel for the petitioner submits

                   that the petitioner is innocent and has not committed any

                   offence. Petitioner is in custody since 07.01.2025 and claims
Patna High Court CR. MISC. No.75231 of 2025(3) dt.16-01-2026
                                            2/3




          clean antecedent. He further submits that the trial has started.

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

          opposed the prayer for bail.

                       6. Considering the period of custody, the recovery of

          intermediate quantity of ganja, and the clean criminal

          antecedent, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand)with two sureties of the like amount each to the

          satisfaction of the learned District and Additional Sessions

          Judge-II, Purnia/concerned Court below in connection with

          Sarsi P.S. Case No. 8 of 2025 subject to condition that:-

                                              (i). The petitioner will mark his
                                  attendance at the Sarsi Police Station on
                                  every Sunday of each month. Any default in
                                  appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                            (iii). At the time of accepting the
                                  bail bonds of the petitioner, the Court below
                                  shall verify the fact whether the petitioner
                                  has clean antecedent or not. If it is found
                                  that the petitioner has clean antecedent then
            Patna High Court CR. MISC. No.75231 of 2025(3) dt.16-01-2026
                                                        3/3




                                              only his bail bonds shall be accepted by the
                                              Court below. However, it is made clear that
                                              the acceptance of bail bonds in terms of the
                                              above-mentioned order shall not be delayed
                                              for purpose of or in the name of verification.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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