Patna High Court
Bipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions of personal surety and court attendance.
Summary
The petitioner, Bipin Yadav, was named in an FIR for offences under the Bihar Narcotic Substances Act, 2023, the Arms Act and the NDPS Act following a raid that recovered weapons, cartridges and 10.37 g of cannabis. He was not arrested at the scene, nor was any incriminating article found in his possession; his name was supplied by co‑accused who fled. The petitioner sought bail, arguing that other co‑accused had already been released on bail and that no material was recovered from him. The State opposed bail on the ground of the petitioner’s prior criminal record, though he was on bail in all other cases. The Court, considering the lack of direct recovery, the fact that he was not arrested on the spot and the precedent of bail to co‑accused, granted bail on a Rs 10,000 bond with two sureties and specific conditions regarding personal sureties and court attendance.
Issues considered
- What is the appropriate bail disposition when the accused is named in the FIR but no incriminating article is recovered from his possession?
- Do prior criminal antecedents justify denial of bail in the present case?
- Should the bail decisions granted to co‑accused influence the bail decision for the petitioner?
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 111(1), 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- narcotic offences
- arms possession
- NDPS Act
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66154 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Bipin Yadav S/O Late Hari Yadav R/O Village- Madheli Bandh, P.S- Kursela,
Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 111(1), 310(4), 310(5) of
the B.N.S., 2023, Section 25(1-B)a, 26 and 35 of the Arms Act
and Sections 8(c), 21(b) N.D.P.S. Act.
3. As per the prosecution case, on secret
information, a raid was conducted and two persons were
apprehended and upon search, weapons and cartridges and total
10.37 gram smack has been recovered from the possession of
apprehended persons.
4. The learned counsel for the petitioner submits
that although the name of the petitioner features in the First
Information report, he was neither arrested from the spot nor
Patna High Court CR. MISC. No.66154 of 2025(4) dt.17-02-2026
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any incriminating article has been recovered from his
conscious possession. The name of the petitioner has been
stated to be one amongst three persons, who had fled away
from the spot and the said name was disclosed by the
apprehended persons. It is further submitted that the persons
who were arrested on the spot have been granted bail by a Co-
ordinate Benches of this Court vide order dated 07.05.2025
passed in Cr. Misc. No.58289 of 2025 (Annexure-P/2) and vide
order dated 29.08.2025 passed in Cr. Misc. No.35031 of 2025.
The petitioner in in custody since 20.05..2025 and charge-sheet
has been submitted.
5. Learned APP for the State has opposed the grant
of bail on the ground that the petitioner has several criminal
antecedents, however, in response it has been submitted that the
petitioner is on bail in all the cases.
6. Taking into consideration the facts and
circumstances and considering the fact that no recovery was
made from the petitioner and he was not arrested on the spot
and further considering that other co-accused persons have
been granted bail by Co-ordinate Benches of this Court, let the
above named petitioner, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.66154 of 2025(4) dt.17-02-2026
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of the like amount each to the satisfaction of the learned
C.J.M., Katihar/concerned Court below in connection with
Kursela P.S. Case No. 43 of 2025 subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or
his wife.
(ii) The petitioner shall remain physically
present in court on each and every date during
proceedings of the case and also co-operate in getting the
charges framed, failing which his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U
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