Patna High Court
Adhik Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail, subject to a bail bond and sureties, despite the co‑accused’s statement.
Summary
The petitioner, Adhik Lal Yadav, applied for regular bail in a case registered under sections 20 and 22 of the NDPS Act, where 3.009 kg of ganja was seized from a co‑accused’s house and the co‑accused alleged that the petitioner delivered the narcotics. The petitioner contended that he was falsely implicated, relying solely on the co‑accused’s statement, with no material seized from his possession. The prosecution opposed bail, but the court noted the seriousness of the allegation, the fact that the co‑accused’s statement implicated the petitioner, and the petitioner’s prolonged pre‑trial detention since 25‑10‑2025. Considering these factors, the court ordered that the petitioner be enlarged on bail upon furnishing a bail bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied to the Principal District & Sessions Judge, Darbhanga.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 20 and 22 of the NDPS Act despite the co‑accused’s statement implicating him
- Whether the prolonged pre‑trial custody of the petitioner warrants bail
Legislation cited
Subjects
- regular bail
- NDPS Act
- false implication
- co‑accused statement
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18213 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Adhik Lal Yadav Son of Mohan Yadav Resident of Village - Laxmipur,
Dotha(Dohtha), Police Station - Ghanshyampur, District - Darbhanga.
... ... 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 : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ghanshyampur P.S.
Case no.367 of 2025 registered under sections 20 and 22 of the
NDPS Act.
3. As per the prosecution case, 3.009 kg of ganja was
recovered from the house of co-accused Devkant Yadav. The
informant further states that on enquiry he disclosed that the
ganja was delivered to him by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The only
material against him is the statement of a co-accused made
before police. No incriminating article has been recovered from
the petitioner’s possession and Devkant Yadav has been
Patna High Court CR. MISC. No.18213 of 2026(3) dt.07-05-2026
2/2
enlarged on bail vide order dated 23.2.2026 passed in Cr. Misc.
no.11008 of 2026. The petitioner is in custody since 25.10.2025
and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, grant of bail to the co-accused on whose statement the
name of petitioner transpired and the petitioner having remained
in custody since 25.10.2025, the petitioner is directed to be
enlarged on bail in connection with Ghanshyampur P.S. Case
no.367 of 2025 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 Principal District & Sessions Judge,
Darbhanga.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.