Patna High Court
Akhilesh Yadav @ Kare Yadav @ Kaare YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Akhilesh Yadav, sought bail in a case registered under Section 111 of the Bihar Narcotic Substances Act and Section 21(C) of the NDPS Act for the alleged recovery of 21.2 litres of codeine‑rich cough syrup. The prosecution’s case relied on a confessional statement of a co‑accused linking the petitioner to the seizure. The petitioner had been in custody since 16‑12‑2025 and claimed a clean antecedent. The court, considering the quantum of the seizure and the period of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to verify his antecedent. Additional conditions included weekly attendance at the police station and cancellation of bail upon default. The court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Sections 111 of the BNS Act and 21(C) of the NDPS Act considering the nature and quantity of the seized narcotic substance.
- Whether the petitioner’s claim of a clean antecedent and the requirement of antecedent verification affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C)
Subjects
- bail
- NDPS Act
- codeine cough syrup
- seizure
- clean antecedent
- verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22689 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- MAHESHKHUNT District- Khagaria
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Akhilesh Yadav @ Kare Yadav @ Kaare Yadav Son of Late Madan Yadav
Resident of Village-Kajichak, Police Station-Maheshkhunt, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar, Advocate
For the State : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No. 99 of 2025 registered for the
offence punishable under Sections 111 of the BNS and Section
21(C) of the N.D.P.S. Act.
3. As per the prosecution case, the recovery is of 21.2
litres of codeine rich cough syrup from the petitioner.
4. The name of the petitioner has come in the
confessional statement of co-accused Sudhir Kumar.
5. The petitioner is in custody since 16.12.2025 and
claims clean antecedent.
6. Considering the quantum of recovery and period of
custody of the petitioner, this application is allowed.
7. Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.22689 of 2026(2) dt.30-04-2026
2/2
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge (NDPS), Khagaria/ concerned Court in
connection with Maheshkhunt P.S. Case No. 99 of 2025.
8. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Maheshkhunt Police Station, District- Khagaria on every
Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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