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Patna High Court

Chhotelal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any incriminating material beyond the co‑accused’s disclosure, the Court granted anticipatory bail to the petitioner.

Summary

Chhotelal Yadav was named in an FIR for alleged offences under the Narcotic Drugs and Psychotropic Substances Act after co‑accused Ravi Kumar Rai, who was caught with 20.5 kg of ganja, disclosed his name. The petitioner argued that the disclosure was the sole basis for his implication, that he had no connection with the seized vehicle, and that the investigation was otherwise complete. He contended that there was no material to establish his mental culpability under Section 35 of the NDPS Act, rendering Section 37 inapplicable. The State opposed the anticipatory bail, relying on the co‑accused’s statement. The Court held that, in the absence of any incriminating evidence beyond the co‑accused’s disclosure, anticipatory bail was appropriate and ordered the petitioner to be released on bail upon surrender, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Issues considered

  • Whether the disclosure of the petitioner’s name by a co‑accused constitutes sufficient material to justify his arrest under the NDPS Act.
  • Whether the petitioner can be said to have the requisite mental culpability under Section 35 of the NDPS Act.
  • Whether anticipatory bail should be granted in the absence of corroborative evidence.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • mental culpability
  • co‑accused disclosure
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19374 of 2025
                      Arising Out of PS. Case No.-349 Year-2024 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Chhotelal Yadav S/o- Yamuna Rai Village- Rasulpur Chakari Takipur
                 PS- Daraundha District- Siwan
                                                                      ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabhakar Singh, Advocate
                                                 Mr.Pranav Bhaskar, Advocate
                                                 Mr.Anubhav Vatsa, Advocate
                                                 Mr.Sumit Kumar, Advocate
                                                 Ms.Ritika Kumari, Advocate
                 For the Opposite Party/s :      Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   19-01-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Daraundha P.S.

                   Case No. 349 of 2024 registered for the offences punishable

                   under Sections 8, 20(b)/(ii)/(c)/25 of the Narcotic Drugs and

                   Psychotropic Substances Act.

                             3. As per FIR, name of the petitioner was disclosed by

                   apprehended co-accused namely, Ravi Kumar Rai, who was

                   found in possession of 20.5 Kg. Ganja.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that save and except suspicion arising
Patna High Court CR. MISC. No.19374 of 2025(4) dt.19-01-2026
                                            2/4




          out of disclosure made by apprehended co-accused, nothing

          incriminating appears against this petitioner.

                   5. It is submitted that petitioner also not connected in

          any manner with the vehicle in question from where the

          alleged contraband was recovered. It is pointed out that due

          to land dispute name of the petitioner disclosed by the

          apprehended co-accused Ravi Kumar Rai.

                   6. It is submitted that police, after investigation,

          submitted charge-sheet qua apprehended co-accused and,

          therefore, there is nothing further to investigate in this matter

          as almost on all aspects, investigation of this case appears

          concluded and, therefore, any further custodial interrogation

          of this petitioner is not required.

                   7. Arguing further, it is submitted that during

          investigation nothing appears corroborated to the extent

          which may confirm the disclosure statement of apprehended

          co-accused prima-facie as to suggest that petitioner was

          under mental culpability qua possession of contraband, in

          view of section 35 of the N.D.P.S. Act and, in absence of

          same, import of section 37 of the N.D.P.S. Act is not
Patna High Court CR. MISC. No.19374 of 2025(4) dt.19-01-2026
                                            3/4




          convincing in this case.

                   8. Explaining criminal antecedent, it is pointed out that

          petitioner was found involved in one petty offence i.e. excise,

          in which he is on bail, except one case, petitioner is not the

          accused in any other case.

                   9. Learned counsel also relied upon the order of

          Hon’ble Supreme Court as passed in the matter of Radhe

          Mahto @ Aditya Kumar Vs. State of Bihar through SLP

          (Cri.) No. 9509 of 2025.

                   10. Learned A.P.P. for the State, while opposing the

          prayer of anticipatory bail of the petitioner, submitted that

          name of petitioner was disclosed by apprehended co-accused

          Ravi Kumar Rai.

                   11. In view of aforesaid factual submission and by

          taking note of the fact as prima-facie save and except

          suspicion arising out of disclosure made by apprehended co-

          accused, nothing incriminating appears against the petitioner,

          where almost in all respect the investigation of this case

          appears completed, accordingly, above-named petitioner, in

          the event of his arrest/surrender within a period of four weeks
           Patna High Court CR. MISC. No.19374 of 2025(4) dt.19-01-2026
                                                       4/4




                     from this order, is directed to be enlarged on bail on

                     furnishing of bail bond of Rs.10,000/- (ten thousand only)

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

                     learned Principal Sessions Judge, Siwan/concerned court in

                     connection with Daraundha P.S. Case No. 349 of 2024,

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

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

                     Sanhita (in short “B.N.S.S.”), and further condition:

                                      (I) That petitioner shall not indulge in any similar
                                      nature of offence till conclusion of trial and, shall
                                      cooperate in investigation, if any.
                                      (II) That petitioner shall not made any attempt
                                      to delay trial, failing so, the State/informant
                                      shall be at liberty to move before the Trial Court
                                      itself for the cancellation of bail bond of the
                                      petitioner, which shall be decided by trial court
                                      itself after giving opportunity of hearing to the
                                      petitioner.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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