Patna High Court
Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 23, 37
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
2/4
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
3/4
(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
Checking your session…