Dismissed¶¶20

Lalan Yadav v. The State of Bihar

Patna HC23 Jul 2026CR. MISC./32474/2026

Case brief

AI extract

What is this about?

Lalan Yadav v. State of Bihar; Patna High Court; Criminal Miscellaneous No. 32474 of 2026; decided 23-07-2026; Dr. Anshuman, J.; regular bail refused; Sections 483 and 484 BNSS 2023; Section 20(b)(ii)(B) N.D.P.S. Act; 6.246 kgs ganja; conscious possession; scooty dickey; chase arrest; mistaken identity; below commercial quantity; criminal antecedents; custody since 18.01.2026; Dhanaha P.S. Case No. 35 of 2026; West Champaran; Exclusive Special Judge, Bettiah; bail denial in NDPS case.

What did the court decide?

Regular bail is refused: considering the recovery of ganja from the petitioner's conscious possession and his criminal antecedents, the Court was not inclined to grant bail and refused the prayer for bail. ¶¶20

Lalan Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32474 of 2026

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Arising Out of PS. Case No.-35 Year-2026 Thana- DHANAHA District- West Champaran

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======================================================

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Lalan Yadav Son of Vishwanath Yadav Resident of village - Rupahi Tand, P.S.- Bhitaha, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 23-07-2026

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Heard learned Counsel for the petitioner and learned

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APP for the State.

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The present criminal miscellaneous application has

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been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of regular bail to the petitioner, who is in custody in connection with Dhanaha P.S. Case No. 35 of 2026, lodged on 17.04.2026, under Sections 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of learned Exclusive Special Judge, N.D.P.S. Act, West Champaran at Bettiah.

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As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 6.246 Kgs of Ganja has been made which is the subject matter of the present case.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

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Patna High Court CR. MISC. No.32474 of 2026(4) dt.23-07-2026 2/2

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submits that the recovery of alleged 6.246 Kgs of Ganja like substance has not been recovered from his exclusive conscious possession. Counsel further submits that petitioner was apprehended on suspicion on mistaken identity whereas the real culprit fled away leaving the scooty with plastic bag in its dickey. He submits that the petitioner is neither the owner of the scooty nor any concern with the contraband articles being carried from the scooty. He submits that the recovered ganja is much below the commercial quantity. He submits that antecedent of the petitioner is not clean and he is in custody since 18.01.2026.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that recovery has been made from the petitioner’s conscious possession as the recovery of ganja has been made from the dickey of the scooty on which the petitioner was arrested upon chase.

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Considering the recovery of ganja from the conscious possession of the petitioner and criminal antecedents, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby refused.

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(Dr. Anshuman, J)

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Mkr./Anshuman/

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U T

Lalan Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalan Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Procedural history

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