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Patna High Court

Awdhesh Yadav @ Awdhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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