Patna High Court
Pintoo Yadav @ Vivek YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Pintoo Yadav applied for bail after being arrested on 8 September 2025 in connection with a case involving the alleged possession of 229.1 grams of heroin, cash, rubber, and a mobile phone. The FIR charged him under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended that the FIR was fabricated and that the statutory requirements of Section 50 of the NDPS Act were not met. The State argued that the quantity seized exceeded the small‑quantity threshold, that the petitioner had multiple pending NDPS cases, and that the seriousness of the offence warranted denial of bail. Justice Rajesh Kumar Verma, after considering the facts, refused the bail application, concluding that the petitioner should remain in custody.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for possession of 229.1 grams of heroin.
- Whether the requirements of Section 50 of the NDPS Act have been complied with in the present case.
- Whether the quantity of heroin constitutes a commercial quantity justifying denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- heroin possession
- Section 50
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86841 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- KORANSARAI District- Buxar
======================================================
Pintoo Yadav @ Vivek Yadav Son of Lalan Yadav R/O Vill.- Ranibag, P.S.-
Koransarai, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma,Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr.Dr.Kamal Deo Sharma, learned counsel for
the petitioner and Mr.Shailendra Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
08.09.2025 in connection with Koransarai P.S.Case No. 112 of
2025, F.I.R. dated 07.09.2025 registered for the offence
punishable under Sections 8(c)21(b) of N.D.P.S.Act.
3. Recovery is of 229.1 Gm of Heroin.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and there is non-compliance of Section 50 of
the NDPS Act.
5. Learned A.P.P. for the State, on the other hand, has
Patna High Court CR. MISC. No.86841 of 2025(3) dt.30-03-2026
2/2
vehemently opposed the prayer for bail of the petitioner and
submits that from a bare perusal of the FIR it appears that
altogether 229.1 Gm of Heroin was recovered from possession
of the petitioner, apart from that, 4.30 lakh cash, 100 piece
rubber and one mobile were also recovered from possession of
the petitioner, apart from that, the recovered contraband is less
than the commercial quantity but more than the small quantity,
the petitioner carries four more cases other than the present one
and out of four cases, three cases pertaining to NDPS Act, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Koransarai
P.S.Case No. 112 of 2025 pending in the court of learned
Special Judge, NDPS Act, Buxar.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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