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Patna High Court

Bachan Yadav @ Ram Bachan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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