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Patna High Court

Narayan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Narayan Yadav, sought anticipatory bail after being implicated in a case under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act for the alleged recovery of 75 kg of ganja from a truck. He argued that he was neither the driver nor the owner of the vehicle and that his name was mentioned only through a co-accused's confessional statement, asserting a clean antecedent. The State opposed the bail, emphasizing the seriousness of the offence and the large quantity of narcotics seized. The Court examined the nature of the accusation, the volume of the seizure, and the lack of any material found in the petitioner's possession. Concluding that the gravity of the charge outweighed the petitioner's claims, the Court refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the alleged recovery of 75 kg of ganja.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug seizure
  • confessional statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90558 of 2025
                      Arising Out of PS. Case No.-381 Year-2019 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Narayan Yadav S/O Late Dawarika Yadab Resident of Village- Jaigir,Piprahi ,
                 P.S- Barachatti, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-03-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 20, 22 of the Narcotic

                   Drugs and Psychotropic Substances Act.

                                3. As per prosecution case, total 75 kg Ganja was

                   recovered from the seized truck bearing registration no.

                   WB73W6491.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the truck in question and he has got no concern with

                   the alleged recovery. His name transpired in this case merely on

                   the basis of confessional statement of co-accused Rajesh Yadav.

                   Petitioner claims clean antecedent.
              Patna High Court CR. MISC. No.90558 of 2025(3) dt.24-03-2026
                                                          2/2




                                     5. Learned A.P.P. for the State opposes the prayer for

                        bail.

                                     6. Considering the nature of accusation and huge

                        quantity of recovery, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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