Patna High Court
Akhilesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Akhilesh Kumar Yadav, was arrested in connection with a case registered under the NDPS Act for alleged possession of 8 kg of ganja, charged under Sections 8, 20(b)(ii)(c) and 29. He contended that he was falsely implicated, that no contraband was found in his possession, and that the police seizure did not comply with Section 105 of the Bihar Narcotic Substances Act. He also highlighted his clean criminal record and that he had been in judicial custody since 14 January 2026. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Special Judge.
Issues considered
- Whether bail can be granted in an NDPS case involving 8 kg of ganja.
- Whether the alleged seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 8
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105
- surety
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21012 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Naya Bhojpur District- Buxar
======================================================
Akhilesh Kumar Yadav S/o Vidya Sagar Yadav R/o Village - Simri, P.S -
Simri, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Naya Bhojpur P.S. Case No. 08 of 2026 registered for the
offence punishable under Sections 8, 20(b)(ii)(c), 29 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
tempo of the petitioner, altogether 8 kg of ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.21012 of 2026(2) dt.02-04-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 14.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, 1st Class, N.D.P.S. Act, Buxar in connection with Naya
Bhojpur P.S. Case No. 08 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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