Patna High Court
Madhukar YadavversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail application was denied.
Summary
The petitioners, Madhukar Yadav and Sumindra Kumar Yadav, were arrested after police stopped a motorcycle and recovered a large bag containing prohibited cough syrups classified as narcotic substances. They filed a bail application, claiming innocence and asserting that nothing was recovered from their personal possession, and have been in custody since May 10, 2025. The State opposed bail, highlighting that the seized contraband was in commercial quantity and that the petitioners have a prior conviction under Section 30(a) of the Bihar Excise & Prohibition Act. The court examined the seriousness of the offence under the NDPS Act and the existence of a prior criminal record. Concluding that the circumstances did not merit the privilege of bail, the court rejected the petitioners' bail application.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act given the commercial quantity of the seized narcotic substances.
- Whether the prior conviction under Section 30(a) of the Bihar Excise & Prohibition Act warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- commercial quantity
- prior conviction
- excise and prohibition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54911 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
1. Madhukar Yadav S/O Ramsundar Yadav Resident Of Village-Bhandariya,
Ward No.- 08, P.S.- Jamalpur, Dist.- Darbhanga
2. Sumindra Kumar Yadav @ Sumindar Kumar Yadav S/O Jivach Yadav @
Jivachh Yadav Resident Of Village-Bhandariya, Ward No.- 08, P.S.-
Jamalpur, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar Pathak
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Madhepur P.S. Case No. 67 of 2025 registered for the offence
punishable under Sections-8, 20(b)(ii)(B) of the N.D.P.S. Act.
3. As per allegation, in course of checking the
vehicles, two persons were seen alongwith a big bag kept on the
motorcycle. It is further alleged that seeing the police party,
both the persons started fleeing away but they were
apprehended and a big bag containing contraband in huge
amount, like Wiscodim Cough Syrup, Codiwell Cough Syrup,
Codiscan-T Cough Syrup, and different types of prohibited
Patna High Court CR. MISC. No.54911 of 2025(7) dt.21-01-2026
2/2
capsules were recovered.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and they have falsely been
implicated in this case. Nothing has been recovered from their
possession. The petitioners are in custody since 10-05-2025.
5. Learned APP has opposed the prayer for bail.
6. It appears that narcotic substance recovered from
possession of the petitioners is in commercial quantity. They
have one criminal antecedent of Section-30(a) of Bihar Excise
& Prohibition Act in their credit.
7. Considering the aforesaid facts and circumstances,
the petitioners do not deserve the privilege of bail and
accordingly, the same is rejected.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
Checking your session…