Patna High Court

Rupesh Kumar Yadav @ Aditya Kumar @ Rupesh KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to bond, sureties, verification of antecedents and regular police‑station attendance.

Summary

The petitioner, Rupesh Kumar Yadav, was arrested in connection with the recovery of 82.08 litres of cough syrup and charged under Sections 21(C), 22(C) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He claimed innocence, stating that his name was recorded only because of a confessional statement by another accused, Rahul Yadav, and asserted a clean antecedent. The State opposed bail, while the petitioner’s counsel argued that the allegations were unfounded. The High Court, after considering the facts and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to verification of antecedents and weekly police‑station attendance. The order was 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 the NDPS Act in view of the alleged offences and his claim of innocence
Whether the petitioner’s clean antecedent and the nature of the evidence (confessional statement of another accused) justify bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 22(C), 25

Subjects

bail
NDPS Act
Section 21C
Section 22C
Section 25
clean antecedent
confessional statement
police recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25158 of 2026
                     Arising Out of PS. Case No.-41 Year-2025 Thana- JILEBIYA MOR District- Banka
                 ======================================================
                 Rupesh Kumar Yadav @ Aditya Kumar @ Rupesh Kumar S/O Kailash Yadav
                 R/O Village - Belari, P.S- Bath, Distt.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kumar Choudhary
                 For the Opposite Party/s :       Mr.Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Jilebia

                   More P.S. Case No. 41 of 2025 registered for the offence

                   punishable under Sections 21(C)/22(C)/25 of N.D.P.S. Act.

                                3. As per the prosecution case, there is recovery of

                   82.08 litres of cough syrup from the vehicle and the petitioner

                   has been named in the F.I.R.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. It has been further submitted that the

                   name of the petitioner come on the basis of confessional

                   statement of one person, Rahul Yadav, who was caught at the

                   place of occurrence.            The petitioner is in custody since
Patna High Court CR. MISC. No.25158 of 2026(2) dt.16-04-2026
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          01.12.2025 having clean antecedent.

                       5. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sessions

          Judge-cum-Special Judge (N.D.P.S. Act), Banka/concerned

          Court below in connection with Jilebia More P.S. Case No. 41

          of 2025.

                       7. 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.

                       8. As a condition of this order, the petitioner after

          being released on bail is directed to mark their attendance at

          local P.S. on weekly basis of each month. Any default in

          appearance at the police station will result in cancellation of bail

          bonds of the petitioner.

                       9. It is, however, clarified that the observations made
            Patna High Court CR. MISC. No.25158 of 2026(2) dt.16-04-2026
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                      herein are limited to the adjudication of the present bail

                      application and shall not prejudice the case of the petitioners at

                      any subsequent stage of the trial and this Court has not express

                      any opinion on the merits of the case.



                                                                           (Sandeep Kumar, J)
sanjeev/-

U       T

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