Patna High Court
Brajesh Yadav @ Brajesh Kumar Yadav @ Amit Raj @ Kare YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Brajesh Yadav, applied for bail in a case under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that he was falsely implicated solely on the basis of a co-accused's confessional statement that named him as the supplier of 20 grams of 'smack' recovered from the co-accused. No incriminating article was found on the petitioner and the charge‑sheet had already been filed; he had been in custody since 6 January 2026. The State opposed bail, pointing to the FIR, the recovery of the narcotic, and the petitioner's six prior criminal convictions. The Court, after considering the nature of the offence, the lack of material evidence beyond the confession, and the petitioner's antecedents, rejected the bail application. It also directed the trial court to expedite the trial and conclude it within a year of receipt of the order.
Issues considered
- Whether bail can be granted to the petitioner under the NDPS Act when the only incriminating material is a co‑accused's confessional statement.
- Whether the petitioner's prior criminal antecedents justify denial of bail.
- Whether the trial court should be directed to expedite the trial.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- NDPS Act
- bail
- confessional statement
- criminal antecedents
- drug trafficking
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26831 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Brajesh Yadav @ Brajesh Kumar Yadav @ Amit Raj @ Kare Yadav Son of
Arjun Yadav Resident of Village- Dira Chandpur PS- Pothia Distt -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bijendra Kumar Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 8(c), 21(b) and 29 of the
N.D.P.S. Act.
3. As per prosecution case, 20 grams of smack was
recovered from possession of co-accused Mausam Kumar, who
disclosed the name of this petitioner as supplier of the seized
contraband.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this merely on the basis
of confessional statement of co-accused Mausam Kumar. Save
and except confessional statement, there is no material on record
Patna High Court CR. MISC. No.26831 of 2026(2) dt.08-05-2026
2/2
to show the complicity of this petitioner in the occurrence. No
incriminating article has been recovered from possession of this
petitioner. Moreover, charge-sheet has already been submitted
and petitioner is in custody since 06.01.2026.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. and 20
grams of smack was recovered from possession of co-accused
Mausam Kumar, which was supplied by this petitioner.
Petitioner has got six criminal antecedents.
6. Considering the facts and circumstances of the
case, nature of accusation and criminal antecedents of the
petitioner, the prayer for grant bail of to the petitioner is
rejected.
7. However, considering the fact that petitioner is in
custody since 06.01.2026, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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