Created by Fuzzy Cloud

Patna High Court

Wakil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.