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Patna High Court

Madhukar YadavversusThe State Of Bihar

Decided
Disposal
DISMISSED

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

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


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