Patna High Court
Rajesh Yadav @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the FIR does not disclose a prima facie case against the petitioner and therefore granted bail.
Summary
The petitioner, Rajesh Yadav, was named in an FIR relating to NDPS offences (Sections 80(c), 20(b)(ii)B, 21(b) and 22(b)) after 537.79 grams of charas was recovered from the straw house of co‑accused Devendar Yadav. The petitioner’s counsel argued that the FIR does not disclose any direct statement by the apprehended co‑accused linking him to the contraband and that his inclusion appears to be based solely on prior criminal antecedents. The State’s counsel could not refute these factual submissions. The Court examined the FIR and found no prima‑facie basis to sustain the petitioner’s arrest as a co‑accused. Consequently, the Court ordered the petitioner’s release on bail, requiring a bond of Rs. 10,000 with two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on the petitioner’s surrender within four weeks if arrested.
Issues considered
- Whether the FIR provides a prima facie case to justify the petitioner’s continued detention as a co‑accused under the NDPS Act
- Whether bail should be granted in the absence of direct evidence linking the petitioner to the recovered contraband
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)B, 21(b), 22(b), 80(c)
Subjects
- bail
- NDPS Act
- prima facie
- FIR
- contraband
- criminal antecedents
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68181 of 2025
Arising Out of PS. Case No.-94 Year-2022 Thana- YADOPUR District- Gopalganj
======================================================
Rajesh Yadav @ Rajesh Kumar S/o Naglal Yadav Resident of - Patahra, P.S.-
Jadopur, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 13-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Jadopur P.S.
Case No. 94 of 2022 registered for the offences
punishable under Sections 80(c), 20(b)(ii)B, 21(b) and
22(b) of NDPS Act.
3. As per FIR, 537.79 grams of Charas was
recovered from straw house of another co-accused
namely, Devendar Yadav.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that when raiding team arrived
in terms of information to seize contraband kept in straw
Patna High Court CR. MISC. No.68181 of 2025(4) dt.13-01-2026
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house of co-accused, Devendar Yadav, seeing the police
party, Devendar Yadav and another co-accused person
started to run away but after short chase co-accused
Devendar Yadav was apprehended. It is submitted that
from perusal of FIR, nowhere appears that name of this
petitioner was disclosed by apprehended co-accused and
in such circumstances to make this petitioner as named
co-accused is appearing non-convincing and his
implication was made out of his criminal antecedents as
he found involved in two more criminal cases of different
nature, where he is on bail. It is submitted that admittedly
recovery was made from straw house of co-accused
Devendar Yadav with which this petitioner is of no
concern.
5. Learned APP while opposing the prayer of bail
could not disputed the aforesaid factual submission.
6. In view of aforesaid factual submission and
by taking note of fact as FIR, nowhere disclose that how
this petitioner was prima-facie made named co-accused
Patna High Court CR. MISC. No.68181 of 2025(4) dt.13-01-2026
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with present case, accordingly petitioner above-named, in
the event of his arrest or surrender before the court below
within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned S.J, Gopalganj /concerned
Court, where the case is pending in connection with
Jadopur P.S. Case No. 94 of 2022, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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