Patna High Court
Krish @ Krishna Kumar @ Krish Kumar Yadav @ Krishn YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied as the seriousness of the offence and the petitioner’s criminal antecedents outweighed the grounds for bail.
Summary
The petitioner, Krish Kumar Yadav, sought pre‑arrest bail in a case where 182.36 kg of ganja was recovered near the Koshi River and he was charged under Sections 8, 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner claimed innocence, stating no incriminating material was found on his person and that he had no connection to the recovery. The State argued that a co‑accused, apprehended at the scene, implicated the petitioner and highlighted two prior criminal antecedents, one of a similar nature. Considering the massive quantity of narcotics seized and the petitioner’s criminal history, the Court examined whether bail could be justified. The Court concluded that the circumstances warranted denial of bail and rejected the petition for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the large quantity of narcotics recovered and his prior criminal antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 29, 8
Subjects
- bail
- pre‑arrest bail
- NDPS Act
- narcotics
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.868 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Krish @ Krishna Kumar @ Krish Kumar Yadav @ Krishn Yadav S/o Adhiklal
Yadav R/o Village- Samda, Ward No 06, P.S- Ratanpura (Ratanpur), District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in connection with
Bhimnagar P.S. Case No. 51 of 2025 registered for the offences
punishable under Sections 8/20(b)/(ii)/(c)/29 of Narcotic Drugs
and Psychotropic Substances Act.
3. As per the prosecution case, 182.36 kg Ganja was
recovered from the bush near Koshi River.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. No incriminating material has been recovered from
conscious possession of the petitioner and he is no way
connected with the aforesaid recovery.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.868 of 2026(2) dt.21-01-2026
2/2
for bail and submitted that petitioner has been made accused in
this case on disclosure made by the co-accused who was
apprehended on the spot. Petitioner has got two criminal
antecedents out of which, one criminal antecedent is of similar
nature.
6. Considering huge quantity of recovery and criminal
antecedent of similar nature, prayer for pre-arrest bail of the
petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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