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Patna High Court

Dipak Kumar @ Dipak Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Dipak Kumar Yadav was arrested in Ladaniya police station case No. 69 of 2026 for offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 21 February 2026 and claimed to have no prior criminal record. The petitioner argued that the principal prosecution witnesses were government officials, so his release would not prejudice the trial. The State opposed the bail. Considering the petitioner’s clean antecedent and the circumstances, the court granted regular bail on a bond of Rs. 20,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and the nature of prosecution witnesses justify bail.

Legislation cited

Subjects

  • regular bail
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • high court
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20304 of 2026
                      Arising Out of PS. Case No.-69 Year-2026 Thana- LADANIA District- Madhubani
                 ======================================================
                 Dipak Kumar @ Dipak Kumar Yadav, S/o- Ram Ashish Yadav @ Ramashish
                 Yadav, R/v- Bishanpur PS- Ladaniya District- Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Bharti, Adv.
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   26-03-2026                  1. Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Ladaniya P. S. Case No. 69 of 2026, registered for the offences

                   punishable under Sections 274 and 275 of the BNS and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has no criminal antecedent and has been languishing

                   in jail since 21.02.2026 and the main witnesses of the

                   prosecution, who are to be examined in the trial, are government

                   officials, so, at this stage, the release of the petitioner will not

                   adversely affect the prosecution.

                                4. Learned APP for the State opposes the bail prayer

                   of the petitioner.

                                5. In the facts and circumstances of this case and
              Patna High Court CR. MISC. No.20304 of 2026(2) dt.26-03-2026
                                                          2/2




                        considering the statements made in the petition as well as above

                        submissions, coupled with the petitioner's fair and clean

                        antecedent, this court is inclined to release him on bail.

                        Accordingly, let the petitioner named-above be enlarged on bail

                        in connection with Ladaniya P. S. Case No. 69 of 2026, on

                        furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

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

                        the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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