Patna High Court

Subodh Kumar Yadav @ Subodh Yadav @ Jairam YadavversusThe State of Bihar

Decided: 29 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Subodh Kumar Yadav, was arrested on 11 October 2025 in connection with a case registered on 8 January 2024 for alleged offences under Sections 20(b)(ii) and (B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, involving the recovery of 10 kg of ganja. The petitioner argued that the seized narcotics were not in his conscious possession but were recovered from a co‑accused, Mukesh Mandal, who allegedly brought the contraband for him in exchange for money, and that the quantity was below commercial level. The State opposed bail, citing the forensic laboratory report confirming the substance as ganja and noting that the petitioner has three other pending cases, two of which are also NDPS matters, indicating a pattern of involvement. The court examined the material on record, including the FSL report and the petitioner’s criminal history, and concluded that the circumstances did not warrant the grant of bail. Consequently, the bail application was refused.

Issues considered

Whether bail should be granted to the petitioner under the NDPS Act given the facts of possession and quantity of narcotics.
Whether the fact that the contraband was recovered from a co‑accused, and not from the petitioner’s conscious possession, negates the charge against him.
Whether the petitioner’s prior pending NDPS cases affect the decision on bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(b), 20(b)(ii)

Subjects

bail
NDPS Act
possession
narcotics
prior criminal record
commercial quantity
forensic report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88100 of 2025
                         Arising Out of PS. Case No.-5 Year-2024 Thana- JOGBANI District- Araria
                 ======================================================
                 Subodh Kumar Yadav @ Subodh Yadav @ Jairam Yadav S/o Jagdish Yadav
                 R/o Village- Vishanpur, P.S- Jogbani, Dist- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :        Mr.Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   29-04-2026                  Heard Mr.Sarvesh Kashyap, learned counsel for the

                   petitioner and Mr.Syed Ehteshamuddin, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   11.10.2025 in connection with                 Jogbani P.S. Case No.05 of

                   2024, F.I.R. dated 08.01.2024 registered for the offence

                   punishable under Sections 20(b),(ii), (B) of N.D.P.S. Act.

                                3. Recovery is of 10 Kg of Ganja.

                                4. Learned counsel for the petitioner submits that it

                   appears that nothing has been recovered from conscious

                   possession of the petitioner rather the recovery has been made

                   from possession of co-accused person, namely, Mukesh Mandal

                   and he has stated that he has brought the contraband for the

                   petitioner and petitioner has given the money for that purpose,
               Patna High Court CR. MISC. No.88100 of 2025(6) dt.29-04-2026
                                                           2/2




                         apart from the aforesaid, recovered contraband is less than the

                         commercial quantity.

                                      5. Learned APP for the State, on the basis of the

                         material available on the record and the case diary, has

                         vehemently opposed the prayer for bail of the petitioners and

                         submits that the FSL report confirms that recovered contraband

                         is Ganja, apart from that, the petitioner carries three more cases,

                         other than the present one, and out of three cases, two cases

                         pertaining to NDPS matter which suggests that the petitioner is

                         involved in the NDPS matter.

                                      6. Considering the aforesaid facts, I am not inclined to

                         enlarge the petitioner on bail in connection with Jogbani P.S.

                         Case No.05 of 2024, pending in the court of learned Sessions

                         Judge-cum-Special Judge, NDPS Act, Araria.

                                      7. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

Continue reading with your account

Checking your session…