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Patna High Court

Ajay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Ajay Kumar Yadav, who was in judicial custody, applied for bail in a case registered under Sections 20, 22 and 23 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the FIR only implicated his father, Radhey Yadav, for concealing and selling ganja. The prosecution reported that a raid recovered 11 kg and 3.5 kg of ganja, and that the petitioner was identified during the operation. The petitioner’s counsel argued that no contraband was found on his person, the quantity was below the commercial threshold, and Section 37 of the NDPS Act therefore did not apply, emphasizing his clean antecedents. The State opposed bail. The High Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, conduct, and verification of antecedents, while noting that the order’s observations would not affect the trial.

Issues considered

  • Whether the petitioner is liable for offences under Sections 20, 22 and 23 of the NDPS Act despite the FIR implicating his father.
  • Whether the quantity of ganja recovered attracts the provisions of Section 37 of the NDPS Act (commercial quantity).
  • Whether bail should be granted to the petitioner pending trial.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 20
  • Section 22
  • Section 23
  • Section 37
  • commercial quantity
  • criminal antecedent
  • trial conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84574 of 2025
                     Arising Out of PS. Case No.-185 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Ajay Kumar Yadav Son of Radhey Yadav Resident of Village- Ladaniya, Chor
                 Bazaar, P.S.- Ladaniya, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. Petitioner, who is in custody, seeks bail in

                   connection with Ladaniya P.S. Case No. 185 of 2025, G.R.

                   No. 46 of 2025 registered for the offences punishable under

                   Sections 20,22, 23 of the N.D.P.S. Act.

                                 3. As per the prosecution case, the informant has

                   alleged that he received secret information that one co-

                   accused Radhey Yadav was concealing ganja in his house

                   and that he along with his wife were selling the same. On a

                   raid being conducted, one woman and two men attempted to

                   flee, however, one was apprehended, who disclosed his
Patna High Court CR. MISC. No.84574 of 2025(2) dt.05-01-2026
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          name as Ajay Kumar Yadav (petitioner). On search, two

          sacks were recovered containing 11 kg and 3.5 kg of ganja,

          respectively.

                       4. The learned counsel for the petitioner submits

          that a bare perusal of the F.I.R. would clearly demonstrate

          that the allegation of concealment of ganja is against the

          petitioner’s father, namely, co-accused Radhey Yadav and

          not against the petitioner. It is contended that the petitioner

          has no connection whatsoever with the alleged recovery as

          no incriminating article has been recovered from his

          conscious possession. It is further submitted that the

          quantity of ganja allegedly recovered is less than the

          commercial quantity and rigors of Section 37 of the

          N.D.P.S. Act is not attracted. Lastly, it is submitted that the

          petitioner has clean antecedents and has remained in

          judicial custody since 08.06.2025.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.84574 of 2025(2) dt.05-01-2026
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          (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 Ladaniya P.S. Case

          No. 185 of 2025, G.R. No. 46 of 2025 subject to the

          following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be local resident.

                       (ii) The petitioner shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioner will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the

          criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation

          of bail bond of the petitioner. However, the acceptance of
               Patna High Court CR. MISC. No.84574 of 2025(2) dt.05-01-2026
                                                           4/4




                         bail bonds in terms of the above-mentioned order shall not

                         be delayed for purpose of or in the name of verification.

                                      7. Accordingly, the prayer for bail is allowed.

                                      8. It is made clear that the observation, if any,

                         made in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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