Patna High Court
Awdhesh Yadav @ Awdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail should be granted to the petitioner, subject to a bond and conditions, as the evidence against him is insufficient and he has a clean antecedent.
Summary
The petitioner, Awdhesh Yadav, sought bail after the police alleged his involvement in an offence under Sections 317(2), 317(5) and 3(5) of the Bihar Narcotic Substances Act (B.N.S.) based solely on the confessional statement of co‑accused Julum Kumar. No material was recovered from the petitioner, who was not present at the scene, and he has a clean criminal record. The State opposed bail, arguing the seriousness of the alleged offences. The High Court examined the evidence, noted the lack of any seizure or documentary proof against the petitioner, and considered his clean antecedent. It ordered that bail be granted upon furnishing a Rs. 10,000 bond with two sureties, subject to verification of antecedents under Section 482(2) of the B.N.S.
Issues considered
- Whether bail should be granted when the only incriminating material is a co‑accused's confessional statement and no seizure has been made from the petitioner.
- Whether the seizure list prepared violated Section 103 of the B.N.S.
- Whether the petitioner’s clean antecedent justifies bail despite the alleged offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 317(2), 317(5), 3(5), 482(2)
Subjects
- bail
- confessional statement
- co‑accused
- clean antecedent
- Section 317
- Section 103
- Section 482
- high court
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26354 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Awdhesh Yadav @ Awdhesh Kumar S/o Lal Babu Yadav Resident of Village-
Mangalpur Kala, P.S.- Nautan, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 29-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Nutan P.S. Case No. 44 of 2025, for allegedly
having committed offence under Sections 317(2), 317(5) and
3(5) of the BNS.
3. As per the prosecution story which has been
lodged on the written report submitted by the informant to the
effect that while the informant along with police party
proceeded from the police station and started vehicle checking
near Mangalpur Chowk. At about 12:15 P.M., two persons on a
bike came there, however on seeing the police party they
started fleeing away, leaving the bike at the place of occurrence.
One of the persons was chased and caught by the Police
Patna High Court CR. MISC. No.26354 of 2026(2) dt.29-04-2026
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personnel, however the person, who was driving the bike,
succeeded in fleeing away. The arrested person disclosed the
name of the present petitioner as his accomplish. No document
with regard to the bike was produced by the apprehended person
and he also disclosed that he used to sale illegal liquor.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has been falsely implicated in
the present case only on the basis of the confessional statement
of the co-accused Julum Kumar and apart from the said
confessional statement, nothing has come against the petitioner.
Since, the petitioner who is not arrested at the place of
occurrence, there is no recovery of any article from him. He
further submits that the seizure list was prepared in complete
violation of the provisions contained under Section 103 of the
B.N.S.S.. The petitioner has got clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the records, it appears that the name of the
petitioner has been taken by the co-accused Julum Kumar, who
was arrested at the place of the occurrence with the bike.
Nothing has been recovered from the petitioner, since he was
Patna High Court CR. MISC. No.26354 of 2026(2) dt.29-04-2026
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not present at the place of occurrence. The petitioner has got
clean antecedent. Considering the facts and circumstances of
the case, let the petitioner, above named, in the event of arrest or
surrender within a period of six weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Bettiah, West Champaran in connection with Nautan
P.S. Case No. 44 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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