Patna High Court
Mithilesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed, and the earlier order denying bail stands.
Summary
The petitioner, Mithilesh Yadav, applied for regular bail in a case under Sections 8(c), 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 195.002 kg of ganja was seized from his premises. His earlier bail application had been rejected on 13 September 2024. In the second application, the petitioner argued that witnesses were being examined and that a co‑accused, Jaynto Das, was absconding, suggesting that the trial was progressing. The court noted that the prosecution was actively examining witnesses and that the large quantity of narcotics recovered indicated the seriousness of the offence. Consequently, the court found no reason to revisit its earlier order and dismissed the bail application, directing the lower court and the Superintendent of Police to expedite the trial and allowing the petitioner to re‑apply for bail if the trial is delayed after the case is bifurcated or after the arrest of the absconding co‑accused.
Issues considered
- Whether regular bail should be granted to the accused in a serious NDPS case involving large quantity of narcotics.
- Whether the absence of a co‑accused who is absconding affects the grant of bail.
- Whether the progress of trial and examination of witnesses justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 29, 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- co‑accused absconding
- trial delay
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42407 of 2025
Arising Out of PS. Case No.-679 Year-2023 Thana- KHAGARIA District- Khagaria
======================================================
Mithilesh Yadav Son of Shankar Yadav Resident of Ward No.- 14, Jungli
Tola, Mathar, Durgapur Barari, P.S.- Muffasil, District - Khagaria, 851204.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.D.K. Sinha, Sr. Advocate
Mr.Rajib Ranjan Jha, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 13-03-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Khagaria Muffasil P.S. Case
No. 679 of 2023 registered for the offence under Sections 8(c),
20, 29 of N.D.P.S. Act. Earlier the bail application of the
petitioner was rejected vide order dated 13.09.2024 passed in
Cr. Misc. No. 30761 of 2024.
2. It is alleged that the petitioner was involved in
illicit business of narcotic substance and total 195.002 kg of
ganja was recovered from the vehicles and house of the
petitioner.
3. It has been submitted by the learned Senior Counsel
for the petitioner that witnesses are being examined and the S.P.
Patna High Court CR. MISC. No.42407 of 2025(6) dt.13-03-2026
2/2
has filed the counter affidavit in which it is reflected that all the
six witnesses were produced for deposition as one of the co-
accused namely Jaynto Das is absconding and there evidence
may be taken after appearance of Jaynto Das.
4. Considering the fact that the trial is progressing and
prosecution is taking steps for examination of all the witnesses
and also considering the huge amount of recovery, this Court
finds no ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below as well as the
Superintendent of Police to expedite the trial and if the trial is
delayed after bifurcation of the case or arrest of the Jaynto Das,
then the petitioner may renew his prayer of bail.
(Sandeep Kumar, J)
tusharika/-
U T
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