Patna High Court
Deepak Yadav @ Deepak Kumar Yadav @ Dipak Yadav @ Deepak kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a), 41
- NDPS Act — s. 21(C)
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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