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Patna High Court

Deepak Yadav @ Deepak Kumar Yadav @ Dipak Yadav @ Deepak kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail subject to the condition of furnishing a bond and sureties.

Summary

Deepak Yadav was arrested in connection with the recovery of 117 litres of codeine cough syrup and charged under Sections 30(a) and 41 of the Excise Act and Section 21(C) of the NDPS Act. The charges were framed on 18 May 2026 and he has been in custody since 20 April 2026, with a prior case under the Excise Act. He applied for regular bail, citing that a co‑accused, Sudhir Kumar, had been granted bail in a similar case. The State opposed the bail application. The Court, noting the similarity of the cases and the absence of any material reason to deny bail, ordered his release on regular bail upon furnishing a bond of Rs.25,000 with two sureties, and warned that the trial court may cancel the bail if he attempts to delay the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Excise and NDPS Acts.

Legislation cited

Subjects

  • bail
  • Excise Act
  • NDPS Act
  • codeine cough syrup
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44056 of 2026
                       Arising Out of PS. Case No.-272 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Deepak Yadav @ Deepak Kumar Yadav @ Dipak Yadav @ Deepak kumar
                 Son of Ranjit Yadav @ Ranjeet Yadav Resident of Village- Lakhni, P.S.-
                 Mahishi, District- Saharsa.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amarnath Jha
                 For the Opposite Party/s :        Mr.Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) and 41 of the Excise

                   Act and under Section 21(C) of the NDPS Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and is in custody since 20.04.2026. It is submitted that similarly

                   situated co-accused Sudhir Kumar had approached this Court

                   seeking regular bail by filing Cr. Misc. No.41254 of 2026 and

                   the same came to be allowed by an order dated 03.07.2026 on

                   the ground that charges against him stood framed. It is further

                   submitted that charges against the petitioner stands framed by an

                   order dated 18.05.2026 and allegation is of recovery of 117
               Patna High Court CR. MISC. No.44056 of 2026(2) dt.10-07-2026
                                                           2/2




                         litres of codeine cough syrup from two different vehicles and

                         poultry farm of Sudhir Kumar, who was granted the privilege of

                         regular bail.

                                      4. Learned A.P.P. opposes the bail application.

                                      5. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum of Rs.25,000/- (Rupees Twenty Five

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Special NDPS Case

                         No.09 of 2026 arising out of Mahishi P. S. Case No.272 of

                         2025.

                                      6. The application stands allowed.

                                      7. It is further made clear that if the learned trial court

                         comes to a conclusion that petitioner after his release is trying

                         the delay the trial of the case in any manner, the learned trial

                         court shall be at liberty to cancel the bail bonds of the petitioner

                         after recording reason.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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