Patna High Court
Bachan Yadav @ Ram Bachan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners, subject to stringent conditions, despite the NDPS charges.
Summary
The petitioners, Bachan Yadav and Mritunjay Yadav, were arrested in connection with a seizure of 270.8 kg of raw ganja from their residence, under sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. They had been in custody since September 4, 2025; the first petitioner had a clean antecedent while the second had one prior conviction. The petitioners applied for regular bail, arguing that the circumstances did not warrant continued detention. The Court examined the nature of the offence, the quantity seized, and the petitioners' criminal records, and concluded that bail could be granted with strict conditions. Accordingly, each petitioner was released on a bail bond of Rs.10,000 with two blood‑relative sureties, subject to verification of clean antecedent, monthly police attendance, and compliance with all conditions, failing which bail would be cancelled.
Issues considered
- Whether regular bail should be granted to the accused in a case under sections 20 and 22 of the NDPS Act involving a large quantity of ganja.
- Whether the presence of a prior criminal antecedent for one accused precludes the grant of bail.
- What conditions may be imposed on bail in NDPS cases to ensure compliance and prevent misuse.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- bail
- NDPS Act
- section 20
- section 22
- drug seizure
- criminal antecedent
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87791 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
1. Bachan Yadav @ Ram Bachan Yadav Son of Tetar Yadav R/o Village -
Gidarpur, P.S. - Hulasganj, District - Jehanabad.
2. Mritunjay Yadav Son of Tetar Yadav R/o Village - Gidarpur, P.S. -
Hulasganj, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Soni Kumari, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor appearing on behalf of the State.
2. This application for grant of regular bail arises out
of Hulasganj P.S. Case No.39 of 2025 registered for the offence
punishable under sections 20 and 22 of the N.D.P.S. Act.
3. The recovery is of 88 green plants of ganja (in Raw
form) totalling 270.8 Kg from the house and courtyard of the
petitioners.
4. The petitioners are in custody since 04.09.2025.
Petitioner no. 1 has clean antecedent and petitioner no. 2 has
one criminal antecedent.
5. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.87791 of 2025(3) dt.06-04-2026
2/2
case, this bail application is allowed.
6. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned District & Additional and Sessions Judge 1 st
-cum- Special Judge (N.D.P.S.), Jehanabad / concerned Court
below, in connection with Hulasganj P.S. Case No.39 of 2025,
subject to the condition that both the bailors will be the blood
relatives of the petitioners.
7. At the time of accepting the bail bonds of the
petitioners, the Court below shall verify the fact whether the
petitioners have clean antecedent or not. If it is found that the
petitioners have clean antecedent then only their bail bonds shall
be accepted by the Court below.
8. This is also subject to the condition that the
petitioners shall mark their attendance at Hulasganj Police
Station, District- Jehanabad on every Sunday of each month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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