Patna High Court

Santosh Kumar YadavversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The petition for pre‑arrest bail was denied.

Summary

Santosh Kumar Yadav petitioned the Patna High Court for pre‑arrest bail after a raid, based on secret information, uncovered 136.38 grams of brown sugar, cash, foreign currency, debit cards, a PAN card, mobile phones and a CCTV system from a co‑accused's house. The prosecution alleged that the co‑accused identified the petitioner as an associate in the alleged offences under the Arms Act and the NDPS Act. The petitioner feared arrest for offences punishable under sections 25(1‑b)/a/26/35 of the Arms Act and sections 20(b), 20(ii)(c), 23(c), 29, 22(b) and 22(c) of the NDPS Act. The court examined the gravity of the offences, the nature of the seized contraband, and the co‑accused's testimony linking the petitioner to the crime. Considering the seriousness of the allegations and the material evidence, the court rejected the petition for pre‑arrest bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in view of the alleged offences under the Arms Act and the NDPS Act
Whether the material seized and the co‑accused's statements constitute sufficient grounds to deny bail

Legislation cited

Arms Act — s. 25(1-b), 25(a), 26, 35
NDPS Act — s. 20(b), 20(ii)(c), 22(b), 22(c), 23(c), 29

Subjects

pre‑arrest bail
Arms Act
NDPS Act
seizure
drug possession
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70966 of 2025
                        Arising Out of PS. Case No.-92 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
                 Santosh Kumar Yadav S/o Rudranand Yadav Resident of Village- Ward no 8,
                 Manikpur, PS- Araria, District- Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jyoti Prasad , Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-01-2026                         Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 25 (1-b)/a/26/35 of Arms

                   Act and 20 ( b ), ( ii ) (c) , 23 (c) , 29, 22 ( b ) and 22 (c) of

                   NDPS Act.

                                3 . As per the prosecution case , on secret

                   information , a raid was conducted in which 56 paper packets

                   containing 136.38 gms of Brown sugar was recovered from the

                   house of co-accused and also Rs. 80,570/- and Nepali currency

                   of Rs. 64,025/-, four debit cards, one PAN card , three mobile

                   phones (Vivo, Samsung, Nokia) and a CCTV DVR system with

                   hard disk and SMPS were recovered. It is further alleged that

                   apprehended co-accused persons disclosed the name of this
            Patna High Court CR. MISC. No.70966 of 2025(5) dt.13-01-2026
                                                        2/2




                      petitioner as one of his associates in the aforesaid occurrence .

                                   4. Considering the aforesaid facts, nature of

                      accusation and gravity of offence , prayer for pre-arrest bail of

                      the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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