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Patna High Court

Amar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The regular bail application is allowed, and the petitioner is released on bail with specified bond and surety conditions.

Summary

The petitioner, Amar Yadav, was in custody for offences under Sections 115(2), 109, 126(2), 308(2), 191 and 190 of the Bihar Narcotic Substances Act, 2023, with charges framed on 27‑02‑2026. He had earlier applied for regular bail, which was rejected on 24‑02‑2026, but was given liberty to re‑apply after charge‑framing. On 08‑05‑2026, the petitioner filed a fresh bail application, arguing that the liberty had been exercised and he had been in custody since 06‑06‑2025. The State opposed the bail. The Court considered the submissions and directed that the petitioner be released on bail upon furnishing a bond of Rs. 50,000 with two sureties of the same amount, one of whom is his father, Sharda Yadav, and warned that the trial court may cancel bail if the petitioner attempts to delay the trial. The regular bail application was therefore allowed.

Issues considered

  • What is the appropriate exercise of discretion by the trial court in granting bail for offences under the Bihar Narcotic Substances Act, 2023 after charge‑framing?
  • Whether the petitioner’s right to bail outweighs the seriousness of the alleged offences and the State’s opposition?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • charge framing
  • surety
  • custody
  • trial court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20690 of 2026

                 Arising Out of PS. Case No.-72 Year-2025 Thana- BHAIROGANJ District- West Champaran
                 ======================================================
                 Amar Yadav Son of Sharda Yadav Resident of Village- Baithwaliya, P.S.-
                 Bhairoganj, District- West Champaran


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


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Milind Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


2   08-05-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in Bhairoganj P. S. Case

                   No. 72 of 2025 registered for the offences punishable under

                   Sections 115(2), 109, 126(2), 308(2), 191 and 190 of the BNS,

                   2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner had earlier moved this Court seeking regular bail by

                   filing Criminal Miscellaneous No. 57666 of 2025 which came to
Patna High Court CR. MISC. No.20690 of 2026(2) dt.08-05-2026
                                            2/3




          be rejected by an order dated 24.02.2026, with liberty to the

          petitioner to renew his prayer for bail after framing of charge.

                       4. Learned counsel for the petitioner submits that in

          terms of the liberty granted, the instant regular bail application

          has been filed. It is further submitted that charges stand framed

          against the petitioner by an order dated 27.02.2026, as would

          manifest from Annexure-3 to the regular bail application. It is

          also submitted that petitioner is in custody since 06.06.2025.

                       5. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, is

          directed to be released on bail on furnishing bail bonds of Rs.

          50,000/- (Rupees Fifty Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with

          Bhairoganj P. S. Case No. 72 of 2025.

                       7. One of the bailors of the petitioner shall be his

          father namely Sharda Yadav.

                       8. It is made clear that if the learned Trial Court

          comes to a conclusion that petitioner, after his release, is trying

          to delay the trial in any manner, in that event, the learned Trial
            Patna High Court CR. MISC. No.20690 of 2026(2) dt.08-05-2026
                                                        3/3




                      Court shall be at liberty to cancel the bail bonds of the petitioner

                      after recording reasons.

                                   9. Accordingly, the instant regular bail application

                      stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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