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Patna High Court

Shatrudhan Yadav @ Shatrughan YadavversusThe Union of of India through the Secretary Ministry of Home, Narcotic Drugs Control Bureau

Decided
Disposal
DISPOSED

Holding

The Court disposed the pre‑arrest bail petition, allowing the petitioner to surrender and seek regular bail before the district court.

Summary

Shatrudhan Yadav was arrested in connection with a case registered under the ND PS Act for alleged possession of 42.570 kg of ganja, recovered from two bags, one allegedly thrown by him and the other from co‑accused Santosh Sah who identified Yadav. The petitioner filed a petition seeking pre‑arrest bail under Sections 20(b)(ii), 23(c) and 29 of the ND PS Act. During the hearing, counsel for the petitioner requested to withdraw the bail petition and instead surrender to the district court to obtain regular bail. The Court, after considering the submission, permitted the withdrawal and directed the petitioner to surrender and apply for regular bail before the district court. Consequently, the petition was disposed of.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under the ND PS Act for the alleged offences.
  • Whether the petitioner may withdraw the pre‑arrest bail petition and surrender to seek regular bail.

Legislation cited

Subjects

  • NDPS Act
  • pre‑arrest bail
  • regular bail
  • drug trafficking
  • withdrawal of petition
  • surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89897 of 2025
                  Arising Out of PS. Case No.-26 Year-2025 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Shatrudhan Yadav @ Shatrughan Yadav S/o Manager Yadav R/o Vill- Pipra
                 Tola, Ward No.9, P.S- Bhangaha, Dist- West Champaran

                                                                                 ... ... Petitioner/s
                                                 Versus
           1.    The Union of of India through the Secretary Ministry of Home, Narcotic
                 Drugs Control Bureau Ministry of Home, Narcotic Drugs Control Bureau,
                 New Delhi
           2.    The State of Bihar through the Department of Narcotic Drugs Control
                 Bureau, Patna Narcotic Drugs Control Bureau, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brajesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Arvind Kumar, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard Mr. Brajesh Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Arvind Kumar

                   learned CGC for the Union of India.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Bhangaha P.S. Case No. 26/2025 registered for the

                   offence(s) punishable under Sections 20(b)(ii)©, 23(c) and 29 of

                   the NDPS Act.

                                 3.As per the allegations made in the FIR, a total of

                   42.570 kg of ganja was recovered from two bags; one allegedly

                   thrown by the petitioner and the other recovered from the

                   apprehended co-accused, Santosh Sah, who disclosed the

                   petitioner’s name, as he manged to flee away after seeing the
           Patna High Court CR. MISC. No.89897 of 2025(2) dt.15-01-2026
                                                       2/2




                     police party.

                                   4. After some argument, learned counsel appearing

                     on behalf of         the petitioner seeks to withdraw the present

                     petition with a liberty to the petitioner to surrender and seek

                     regular bail before the learned district court.

                                  5. Considering the aforesaid submission made on

                     behalf of       the petitioner, the petitioner, if so advised, may

                     surrender before the learned District Court and seek regular bail.

                                  6. The present petition stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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