Patna High Court
Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
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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