Patna High Court
Awadh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- KHATIM REZA
Holding
Bail was not granted to the petitioner.
Summary
Awadh Kumar Yadav was arrested in connection with the recovery of 12.5 kg of charas from a bag carried by co-accused Rajesh Yadav. He filed a bail application claiming he was not present at the scene, had sold his motorcycle to Rajesh Yadav months earlier, and was falsely implicated. The State opposed bail, citing the seriousness of the offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The trial court reported that the trial was likely to conclude within six months, and the High Court noted that the case was still at an early stage. Considering the gravity of the charges and the pending trial, the Court declined to grant bail. The order also directed the trial court to expedite the proceedings within four months.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the nature of the offences and the stage of trial
- Whether the petitioner’s claim of innocence and lack of presence at the alleged incident warrants bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B), 23, 25, 29, II(C)
Subjects
- bail
- NDPS Act
- drug trafficking
- charas
- pre‑trial detention
- trial acceleration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2002 of 2026
Arising Out of PS. Case No.-532 Year-2023 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Awadh Kumar Yadav, S/o Late Motilal Yadav, R/o Village - Rampur Tengari,
P.S - Yadopur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Kumar, Adv.
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Kuchaikote P.S. Case No. 532 of 2023 dated 31.10.2023
registered for the offence punishable under Sections 20(B),
II(C), 23, 25 and 29 of the N.D.P.S. Act.
3. The allegation is of recovery of 12.5 kg of Charas
from a bag which was being carried by co-accused Rajesh
Yadav and Awadh Kumar Yadav (petitioner).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that the petitioner was not even present at
the place of alleged occurrence and he was not on the
motorcycle with co-accused Rajesh Yadav. In fact, Rajesh Yadav
is a co-villager of the petitioner and the petitioner had already
sold his motorcycle to Rajesh Yadav on 16.08.2023 i.e. three
Patna High Court CR. MISC. No.2002 of 2026(3) dt.01-04-2026
2/2
months fifteen days prior to the alleged date of occurrence. The
petitioner is in custody since 01.11.2023, having two criminal
cases against him and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Vide order dated 20.01.2026, a report about the
present stage of the trial was called for which has been received.
The trial court in its report has stated that the trial is likely to be
concluded within a period of six months.
7. In such view of the matter, I am not inclined to
grant bail to the petitioner at this stage.
8. Accordingly, the prayer of the petitioner for grant
of bail application is rejected.
9. The Trial Court is directed to expedite the trial and
take all endeavor to conclude the trial at the earliest, preferably,
within a period of four months from the date of
receipt/production of a copy of this order.
(Khatim Reza, J)
prabhat/-
U T
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