Patna High Court
Brajesh Kumar @ Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Brajesh Kumar was arrested in connection with a Special NDPS case for allegedly selling 39 grams of brown sugar to co‑accused Gaurav Kumar, who later recovered the narcotics. The petitioner argued that he was falsely implicated, noting that no narcotics were seized from his possession, his name only appeared in the co‑accused’s statement, and he has three prior criminal cases for which he is already on bail. The State opposed bail, citing the seriousness of the NDPS offences and the petitioner’s criminal antecedents. The Court considered the length of custody, lack of direct recovery, and the petitioner’s bail history, and ordered his release on bail with a Rs 10,000 bond and two sureties. The bail was conditioned on regular court appearances, verification of antecedents, periodic reporting to the Superintendent of Police, and possible cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving alleged sale of narcotics despite prior criminal antecedents
- Whether the absence of direct seizure from the accused’s possession justifies bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(a), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- criminal antecedents
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17071 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Brajesh Kumar @ Brajesh Yadav S/O Suresh Yadav @ Suresh Prasad Yadav
R/O Village- Jhalighat, Ward No. 6, P.S- Jankinagar, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with Special
Case No. 273 of 2025, arising out of Jankinagar P.S. Case No.
307 of 2025 registered for the offences under Sections 8(c),
8(a), 21(b) of the Narcotics Drugs and Psychotropic Substances
Act.
3. Allegation against the petitioner is that he had sold
smack to the apprehended accused namely Gaurav Kumar, who
disclosed that he had purchased the same from the petitioner
who had fled away leaving his scooty behind and on search total
39.00 grams of brown sugar was recovered from the conscious
possession of the co-accused Gaurav Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated merely because he carries
Patna High Court CR. MISC. No.17071 of 2026(2) dt.11-03-2026
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three criminal antecedents and two among them are of similar
nature. It has further been submitted that the petitioner was not
apprehended at the place of occurrence rather his name has
surfaced in the statement of co-accused Gaurav Kumar from
whom the recovery was made. It has next been submitted that
no recovery has been made from the possession of the petitioner
or from his house and in fact, the person from whom the said
recovery was made has been granted bail by a coordinate Bench
of this Court on 22.01.2026 and the order of the same has been
brought on record by way of Annexure-P/3. Lastly, it has been
submitted that though the petitioner has three criminal
antecedents but he is on bail in such cases. The petitioner is in
custody since 30.09.2025.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case
and taking into account the period of custody, the petitioner is
directed to be released on bail on his furnishing bail bonds in the
sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge
(N.D.P.S.) Act, Purnea in connection with Special Case No. 273
of 2025, arising out of Jankinagar P.S. Case No. 307 of 2025,
Patna High Court CR. MISC. No.17071 of 2026(2) dt.11-03-2026
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subject to the following conditions:
(i) One of the bailors will be a close
relative of the petitioner and the other shall be a
local resident;
(ii) the petitioner will remain
present on each and every date fixed by the Court
below, if so required by the learned Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms of
the bail, the bail bonds of the petitioner will
liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the
criminal antecedent of the petitioner and in case
at any stage, it is found that the petitioner has
concealed his criminal antecedent, the court
below shall take step for cancellation of bail
bonds of the petitioner. However, the acceptance
of bail bonds in terms of the above mentioned
order shall not be delayed for purpose of the
same on in the name of verification.
(v) in view of the antecedents of the
petitioner, the petitioner is directed to appear
before the Superintendent of Police concerned
within fifteen days of his release with a copy of
this order and every two weeks thereafter for the
next nine months. The conduct of the petitioner
will be kept under watch in this period by the
Superintendent of Police concerned and, if it is
found wanting in any respect, a report shall be
made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the
Superintendent of Police, a certificate will be
filed by the petitioner before the court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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