RAJESH YADAV @ RAJESH KUMAR YADAVversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32831 of 2026
                      Arising Out of PS. Case No.-47 Year-2025 Thana- RATANPUR District- Supaul
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                 RAJESH YADAV @ RAJESH KUMAR YADAV S/O DEVNARAYAN
                 YADAV R/o vill - Satanpatti, ward no. 11, P.S.- Ratanpura, Distt.- Supaul

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :      Mr. Murari Narain Chaudhary, Advocate
                 For the Opposite Party/s :      Md. Matloob Rab, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                      Heard Mr. Murari Narain Chaudhary, learned

                   counsel for the petitioner and Md. Matloob Rab, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   11.01.2026 in connection with NDPS Case No. 52 of 2025,

                   arising out of Ratanpura P.S. Case No. 47 of 2025 for the

                   offences punishable under Sections 8, 20(b)(ii)(B), 8(c) 21(a)

                   and 29 of the NDPS Act.

                               3. The case of the prosecution, in brief, as alleged in

                   the First Information Report had taken place in between the

                   period 6:30 P.M. to 7:30 P.M. on 17.05.2025, when a raid was

                   conducted by the informant at the house of this petitioner,

                   regarding which the F.I.R. had been lodged on the next day at

                   about 12:45 P.M., by one Raghav Kumar Jha, the Inspector in
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          S.S.B., 45th Bt, alleging inter-alia that the informant at about

          5.30 P.M. on 17.05.2025 had received a secret information that

          Devnarayan Yadav of village Satanpatti had concealed narcotic

          substance in huge quantity inside his house and after giving this

          information to the Asst Commandant, the informant after

          constituting a team, consisting of 4 male and 2 female force

          with narcotic test kit as well as A.S.I. and 2 police force of

          Ratanpura Police Station, after arriving in the village,

          surrounded the house of Devnarayan Yadav. It is alleged that

          prior to conducting joint raid, the neighboring persons were

          asked to become witness of the search but nobody became ready

          for it, hence two of the force of nearing border post were

          included in the search operation as independent apprised with

          this fact that search was being made as he had concealed

          narcotic substance inside his house. hence he was having right

          to get the search conducted in presence of either Gazetted

          Officer of S.S.B./Police or any Magistrate, upon which he

          became ready for S.S.B. official, hence the Asst Commandant

          was informed and in his presence, a search of the house was

          made. It is further alleged that during course of search, two

          small bag, containing 10 plastic packing, having 10 kg of Ganza

          and 3 gm Brown Sugar was found, regarding which he
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          confessed that he used to bring those items from Nepal for the

          purposes of selling it and he further disclosed that he was doing

          this illegal business since before with his both the sons, namely

          Rajesh Yadav and Lalan Yadav, hence the recovered items, after

          being properly seized, were handed over to the Ratanpura Police

          for further action.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from the house of the petitioner and

          altogether 10 kg of Ganza and 3 gm of Brown Sugar was

          recovered from the house of the petitioner. Learned counsel for

          the petitioner submits that for the same set of allegation

          similarly situated co-accused person, namely, Devnarayan

          Yadav, who is happened to be father of the petitioner, has been

          granted bail by a Coordinate Bench of this Court vide order

          dated 15.10.2025 passed in Cr. Misc. No. 71669 of 2025. Apart

          from aforesaid, the recovered contraband is less than the

          commercial quantity so there is no embargo of Section 37 of the

          NDPS Act to enlarge the petitioner on bail and the police after

          investigation has submitted charge-sheet and petitioner is in

          custody since 11.01.2026.
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                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that recovery has been made from the house of the

          petitioner and petitioner has antecedent of one case other than

          the present case but fairly submits that the case has been

          disposed of in the Lok Adalat itself in the year 2025.

                       6. Considering the aforesaid facts and circumstances,

          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           District

          and    Additional       Sessions        Judge-VIII,   Supaul/In   Charge

          Successor Court in connection with NDPS Case No. 52 of 2025,

          arising out of Ratanpura P.S. Case No. 47 of 2025, subject to the

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.
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                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step 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.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T