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Patna High Court

Akhilesh Yadav @ Kare Yadav @ Kaare YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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