Patna High Court
Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and attendance conditions.
Summary
Santosh Kumar Yadav was arrested in connection with a raid that uncovered narcotics, cash and other items, and was charged under Sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for regular bail, contending his innocence and pointing out that a co‑accused, Pawan Yadav, had previously been granted bail in a similar case. The State opposed the bail. The High Court considered the seriousness of the offence, the fact that the petitioner had been in custody since 22‑04‑2026, and the precedent of bail to the co‑accused, and decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to appear at the police station every Sunday. Failure to comply would lead to cancellation of the bail.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(C) and 21(b) of the NDPS Act.
- Whether the prior grant of bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
Subjects
- bail
- NDPS Act
- regular bail
- narcotics
- criminal procedure
- surety
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31074 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- FULKAHA District- Araria
======================================================
Santosh Kumar Yadav S/O Rudranand Yadav R/O Vill.- Ward No. 8,
Manikpur, P.S.- Fulkaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Fulkaha P.S. Case No. 92 of 2025, registered for the offences
punishable under Sections 8(C) and 21(b) of the N.D.P.S. Act.
3. The prosecution case in brief is that on the alleged
date and time, the informant received secret information about a
consignment of narcotics. Acting upon the said information, the
informant along with a raiding team conducted a raid at the
premises of the petitioner and co-accused Pawan Yadav. During
the search, Party Commander Pravin Prabhakar saw Monu
Yadav throwing a polythene bag from a window having no grill.
Upon opening the said polythene bag, 56 paper packets
contained in a plastic box weighing a total of 136.38 grams were
recovered. Each paper packet contained wet brown-coloured
Patna High Court CR. MISC. No.31074 of 2026(2) dt.08-05-2026
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substance (smack/brown sugar). After collecting and weighing,
a total of 3.74 grams of brown sugar was found. Further search
of the premises led to the recovery of Indian currency
amounting to Rs. 80,570/- and Nepali currency amounting to
Rs. 64,025/-, four debit cards, one PAN card, three mobile
phones, and a CCTV DVR system with hard disk and SMPS.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner is in custody since 22.04.2026. A similarly situated
co-accused, Pawan Yadav, has been granted bail by this Court
vide order dated 14.10.2025 passed in Cr. Misc. No. 70758 of
2025. He next submits that the name of the petitioner has
transpired in this case in the confession of the co-accused.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, 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 concerned Court below in connection with Fulkaha
P.S. Case No. 92 of 2025.
Patna High Court CR. MISC. No.31074 of 2026(2) dt.08-05-2026
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8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Fulkaha Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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