Patna High Court
Azad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court conditionally granted bail to the petitioner, subject to verification of non‑absconding in two specific cases and compliance with statutory bail conditions.
Summary
Azad Yadav, charged under Sections 20 and 22 of the NDPS Act in Kharik P.S. Case No.183 of 2023, applied for regular bail after an earlier bail denial on the ground of a non‑clean antecedent. He has nine criminal cases pending, of which he was acquitted in two and is on bail in the others, but could not obtain certified copies for two cases. The State opposed bail, contending that the petitioner had not complied with the earlier court order to prove he was not absconding in all pending matters. The Court examined the petitioner’s affidavit and the pending cases, and considered the statutory provisions governing bail. It granted bail conditionally, subject to verification by the trial court that he is not absconding in the two outstanding cases, a bail bond of Rs.30,000, and compliance with conditions under the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also imposed attendance requirements before the trial court and the police station.
Issues considered
- Whether regular bail can be granted to a petitioner charged under the NDPS Act despite a non‑clean antecedent and multiple pending criminal cases
- Whether the petitioner has complied with the earlier court direction to demonstrate that he is not absconding in all pending matters
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22
Subjects
- bail
- NDPS Act
- antecedent
- pending criminal cases
- regular bail
- absconding
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68616 of 2025
Arising Out of PS. Case No.-183 Year-2023 Thana- KHARIK District- Bhagalpur
======================================================
Azad Yadav S/o Khajanchi Yadav R/vill- Basua, P.S.- Pasraha, Distt-
Khagaria,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subodh Prasad, Adv.
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
6 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Kharik P.S. Case No.183 of 2023, NDPS Case No.98 of 2023
lodged under Sections 20 and 22 of the NDPS Act.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner has earlier been rejected vide
order dated 21.06.2024 passed in Cr. Misc. No.13323 of 2024
only on the ground that his antecedent was not clean.
4. Learned counsel for the petitioner further submits
that the petitioner’s antecedent is not clean. There are 9 criminal
cases pending against him. He further submits that a
supplementary affidavit has ben filed in which it has intimated
that out of 9 cases, he has been acquitted in two cases, namely,
Pasraha P.S. Case No.111 of 2019 (S.Tr. No.195 of 2022) and
Pasraha P.S. Case No.97 of 2020 (S.Tr. No.356 of 2024). He
Patna High Court CR. MISC. No.68616 of 2025(6) dt.09-02-2026
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further submits that in other cases, namely, Pasraha P.S. Case
No.127 of 2019, Pasraha P.S. Case No.142 of 2016, Pasraha P.S.
Case No.16 of 2017, Pasraha P.S. Case No.83 of 2016, Pasraha
P.S. Case No.139 of 2015, Pasraha P.S. Case No.46 of 2012 &
Pasraha P.S. Case No.145 of 2016, he is on bail and in all those
cases, he is continuously appearing, but in two cases, namely,
Pasraha P.S. Case No.46 of 2012 & Pasraha P.S. Case No.145 of
2016, inspite of best effort of Pairwikar, he could not obtained
the certified copy of the same. In that light, he submits that since
this Court has pleased to direct for conclusion of trial within one
year, but when trial could not be completed within one year,
then he moved before this Court for bail.
5. Learned APP for the State opposes the prayer for
bail and submits that petitioner has not complied the earlier
order i.e., whether he is absconding in all cases pending against
him or not.
6. In the present facts and circumstances of this case
and the submissions made above, this Court deems it
appropriate that not to keep the present case pending here and
therefore, let the petitioner above named, be granted bail, only
after being satisfied by the Trial Court that the petitioner is
not absconding in two cases, namely, Pasraha P.S. Case
Patna High Court CR. MISC. No.68616 of 2025(6) dt.09-02-2026
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No.46 of 2012 & Pasraha P.S. Case No.145 of 2016, on
furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand)
as mentioned in Section 2(1) (d) of the BNSS, 2023 to the
satisfaction of Addl. Session Judge-1st, Bhagalpur in connection
with Kharik P.S. Case No.183 of 2023, NDPS Case No.98 of
2023, subject to the following conditions as laid down under
Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
with the following conditions:-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance.
(Dr. Anshuman, J)
Prakashmani/-
U T
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