Patna High Court

Devendra YadavversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner, subject to bond, sureties, and conditions, as he was not named in the FIR and no recovery was made from him.

Summary

The petitioner, Devendra Yadav, was apprehended after police recovered 72.11 grams of a smokelike substance from a Swift Dzire registered in his name, though the substance was found in the possession of a co-accused. The FIR, however, names only Debesh Kumar alias Madhav, and no direct recovery was made from Yadav. Yadav, who has no prior criminal record, applied for bail, arguing that he is not an accused in the FIR. The State opposed the bail, citing the seriousness of the NDPS offences. The Court, noting the lack of direct incriminating evidence against Yadav and his clean record, granted bail subject to a bond, sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring his cooperation with the investigation and trial.

Issues considered

Whether bail can be granted to a person not named in the FIR and from whose personal possession no narcotic substance was recovered under the NDPS Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 22(a), 8

Subjects

bail
NDPS Act
drug seizure
vehicle registration
co-accused
criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12677 of 2026
                 Arising Out of PS. Case No.-313 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Devendra Yadav son of Late Maheshwar Yadav Resident of Village -Hanspur,
                 Naya Tola, Ward No.03, Police Station -Nayagaon, District- Begusarai
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mrs. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-02-2026            Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 8/20(b)(ii)/22(a) of

                   the N.D.P.S. Act.

                   3.        Acting on a tip-off, when the police checked a Swift

                   Dzire car, 72.11 grams of smack like substance was recovered

                   and two persons were apprehended.

                   4.      It is submitted by learned counsel for the petitioner that

                   the petitioner is not named in the F.I.R and the same has been

                   lodged against one Debesh Kumar alias Madhav and the

                   recovery of smack has been made from the personal possession

                   of co-accused, Vinod Kumar. He has been made accused

                   subsequently as the vehicle is registered in the name of the

                   petitioner but the same was not being used by him and no
            Patna High Court CR. MISC. No.12677 of 2026(2) dt.18-02-2026
                                                        2/2




                      recovery has been made from his his conscious possession.

                      5.          Learned APP for the State opposed the prayer for bail.

                      6.        Taking into consideration the facts and circumstances of

                      the case and also considering the fact that the petitioner is not

                      named in the F.I.R. and no recovery has been made from him,

                      let the above named petitioner having no criminal antecedent, be

                      released on bail, in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with N.D.P.S. Case No. 49 of 2025, subject

                      to the condition as laid down under Section 438 (2) of the

                      Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023, subject to further conditions that the

                      petitioner would cooperate in the investigation and make

                      himself available before the Investigating Officer as and when

                      required and also subsequently would cooperate in the trial.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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