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Patna High Court

Awadh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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