Patna High Court
Wakil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary bond, sureties, and compliance conditions.
Summary
Wakil Yadav was arrested in connection with a Kotwali police case alleging possession of 8.2 kg of ganja and 6.2 kg of bhaang, offences under Sections 8 and 20(b)(ii)(B) of the ND PS Act. The petitioner claimed innocence, stating that no contraband was found in his conscious possession, that the seized quantity was below the commercial threshold, and that Sections 42 and 50 of the Act were not complied with. The State opposed bail, while the petitioner’s counsel highlighted a prior criminal antecedent but argued that Section 37 was inapplicable. The court considered the low quantity, the lack of incriminating material, and the co‑accused’s earlier bail, and decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions of family surety, regular court appearances, and possible cancellation on default. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below commercial quantity
- Applicability of Section 37 of the NDPS Act in the present case
- Compliance with Sections 42 and 50 of the NDPS Act for granting bail
- Effect of the petitioner’s prior criminal antecedent on bail eligibility
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- NDPS Act
- bail
- drug possession
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88472 of 2025
Arising Out of PS. Case No.-452 Year-2025 Thana- KOTWALI District- Patna
======================================================
Wakil Yadav S/o Ram Laddu Yadav @ Late Laddu Yadav R/O- Bharatpura
Pansari, P.S.- Dulhin Bajar, District - Patna At present - R/o - New Market
Tempo Stand, P.S - Kotwali, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 20-02-2026 Heard Mr. Subhash Kumar, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 452 of 2025, instituted for the offences punishable
under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of total 8.2 Kg of Ganja has been recovered from the
possession of petitioner along with other co-accused persons. It
is further alleged that 6.200 Kg Bhaang has also been recovered
from the thela.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case and
Patna High Court CR. MISC. No.88472 of 2025(4) dt.20-02-2026
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charge has already been framed against the petitioner. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner has got no concern either with
the alleged recovery of Ganja or Bhaang. The recovered
contraband is below the commercial quantity. Hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. The
petitioner is in custody since 06.08.2025 and has got one
criminal antecedent. There is no compliance of Sections 42 and
50 of the N.D.P.S. Act. Learned counsel for the petitioner
further submitted that other co-accused has been granted regular
bail by this Court vide order dated 03.02.2026 passed in Cr.
Misc. No. 4937 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.88472 of 2025(4) dt.20-02-2026
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below/concerned Court in connection with Kotwali P.S. Case
No. 452 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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