Patna High Court
Lilesh Kumar Yadav @ Nilesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions, finding that he is not the owner of the vehicle and that bail is appropriate despite his antecedents.
Summary
The petitioner, Lilesh Kumar Yadav, sought anticipatory bail fearing arrest in a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act relating to the seizure of 1.8 kg of ganja from a motorcycle. The police alleged that the motorcycle was intercepted and that the petitioner was linked to the accused, Pankaj Kumar Yadav, though the petitioner denied ownership of the vehicle and claimed he was implicated only because of prior criminal antecedents. The prosecution highlighted the petitioner’s criminal record, while the defence argued lack of ownership and that the named accused had been forced to implicate him. The High Court, after considering the submissions, granted anticipatory bail with a bond of Rs.10,000 and several conditions, including regular court appearances and non‑interference with witnesses. The order directs the petitioner to surrender within four weeks if arrested and to comply with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the NDPS Act despite alleged involvement and prior criminal antecedents
- Whether lack of ownership of the seized vehicle suffices to grant bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- criminal antecedents
- bail conditions
- Araria
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13922 of 2026
Arising Out of PS. Case No.-46 Year-2024 Thana- SONAMANI District- Araria
======================================================
Lilesh Kumar Yadav @ Nilesh Kumar Yadav Son of Jay Prakash Yadav
Resident of Village and P.S.- Sonamani Godam, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Sonmani Godam P.S. Case No. 46 of 2024 for
the offence under sections 8 and 20(b)(ii)(B) of the NDPS Act
lodged on 04.08.2024 by the informant, Navin Kumar.
3. As per the prosecution story, the Police intercepted
a motorcycle though the accused managed to escape, one of the
person was identified as Pankaj Kumar Yadav from it, there is
recovery/seizure of 1.8 kg ganja. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because of criminal antecedent, he has been dragged in the case,
neither he owns the motorcycle nor anyone named him,
subsequently, the named accused, Pankaj Kumar Yadav was
taken into Police custody and he was forced to name this
Patna High Court CR. MISC. No.13922 of 2026(3) dt.29-04-2026
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petitioner.
5. Learned APP opposes the prayer submitting that he
has criminal antecedents.
6. Taking into account the submissions of the parties
as also that the petitioner is not the owner of the vehicle, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge NDPS Act, Araria in
connection with Sonmani Godam P.S. Case No. 46 of 2024
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.13922 of 2026(3) dt.29-04-2026
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(iii) the petitioner shall appear before the concerned
police station every month for one year to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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