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Patna High Court

Brajesh Yadav @ Brajesh Kumar Yadav @ Amit Raj @ Kare YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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