Patna High Court
Daulat YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 25, 8
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
Checking your session…