Patna High Court
Sujit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
Bail was granted to the petitioner as the circumstances did not warrant denial of liberty.
Summary
The petitioner, Sujit Kumar Yadav, was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of ganja. He claimed that the quantity seized was only of intermediate size, he had no prior criminal record, and the investigation was already completed. The petitioner had been in custody since 24 July 2025 and argued that granting bail would not prejudice the prosecution because the key witnesses were police personnel. The State opposed the bail application. The Court, considering the lack of antecedent, the intermediate quantity, the completed investigation, and the nature of the witnesses, held that bail could be granted without affecting the trial, and ordered the petitioner to be released on a bail bond of Rs.20,000 with two sureties.
Issues considered
- Whether bail should be granted in an NDPS case involving intermediate quantity of narcotic without prior criminal antecedent.
- Whether the presence of police personnel as prosecution witnesses precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- intermediate quantity
- criminal antecedent
- police witnesses
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86636 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- GWALPARA District- Madhepura
======================================================
Sujit Kumar Yadav, Son of Jagdish Yadav, Resident of Village- Ramganj,
Ward No. 3, P.S.- Gwalpara, District- Madhepura (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Akash Anand, learned counsel for the
petitioner and Mr. Bharat Lal, learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gwalpara P. S. Case No. 138 of 2025, dated 23.07.2025
registered for the offences punishable under Sections 8 and
20(b)(ii)(B) of the N.D.P.S. Act.
3. The main submissions advanced by the petitioner's
counsel are that the alleged contraband namely, Ganja which is
said to have been recovered from the physical possession of the
petitioner falls within the purview of intermediate quantity and
is much less than the commercial quantity, the petitioner bears
no criminal antecedent and has been languishing in jail since
24.07.2025 and against him, the investigation has been
completed and the release of him on bail at this stage will not
Patna High Court CR. MISC. No.86636 of 2025(2) dt.09-01-2026
2/2
affect the prosecution in any manner as the main witnesses of
the prosecution including the witnesses of the seizure are police
personnel and there may be delay in the completion of the
petitioner's trial.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions and the averments made
in this application, mainly the petitioner's custody period and
the fact that the main prosecution witnesses who are to be
examined in the trial of the petitioner are police personnel, so,
the release of the petitioner on bail at this stage will not affect
the prosecution in any manner, in my opinion, it is a fit case for
bail to the petitioner at this stage. Accordingly, let the petitioner
named-above be enlarged on bail in connection with Gwalpara
P. S. Case No. 138 of 2025 on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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