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Patna High Court

Bhuwali YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the application for regular bail, subject to specified conditions.

Summary

The petitioners, Bhuwali Yadav and Raj Mohan Yadav, were arrested in connection with a case involving the alleged possession of 6.2 kg of ganja and charged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8 and 20(b)(ii)(B) of the NDPS Act. They had been in custody since 20 January 2025 and had previously applied for regular bail, which was denied on 23 April 2025. Claiming false implication and having a clean antecedent, they reapplied for bail, undertaking to cooperate with the trial. The State opposed the bail, but the court, noting the prolonged custody and trial delay, allowed the regular bail application. The bail was granted on the condition that each petitioner furnish a Rs. 10,000 bond with two sureties and attend the police station every Sunday, as well as cooperate with the trial proceedings, with non‑compliance leading to cancellation of bail.

Issues considered

  • Whether regular bail should be granted to the accused in a narcotics case involving possession of a large quantity of ganja.
  • Whether the period of custody and delay in trial justify the grant of bail despite the seriousness of the offence.

Legislation cited

Subjects

  • regular bail
  • narcotics offence
  • NDPS Act
  • Bihar Narcotic Substances Act
  • custody period
  • trial delay
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71930 of 2025
                     Arising Out of PS. Case No.-11 Year-2025 Thana- Bhelahi District- East Champaran
                 ======================================================
            1.    Bhuwali Yadav S/O Gauri Shankar Yadav R/O Village- Village- Ektana, P.S-
                  Parsa, Dist.- Nepal.
            2.    Raj Mohan Yadav S/O Kedar Yadav R/O Village- Village- Ektana, P.S-
                  Parsa, Dist.- Nepal.
                                                                      ... ... petitioner/s
                                              Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :        Mr.Krishna Kant Singh, Advocate
                 For the Opposite Party/s :        Mr.Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                 Heard the parties.

                               2. This is the second attempt of the petitioners for grant

                  of regular bail in connection Bhelahi P.S. Case No. 11 of 2025

                  registered for the offence under Section 317(5) of B.N.S. and

                  Sections 8, 20(b)(ii)(B) of N.D.P.S. Act. Earlier the bail

                  application of the petitioners was rejected vide order dated

                  23.04.2025 passed in Cr. Misc. No. 21514 of 2025.

                               3. As per the prosecution case, 6.2 kg of ganja has been

                  recovered from the possession of the petitioners. Petitioners are

                  in custody since 20.01.2025 and have clean antecedent.

                               4. Learned counsel for the petitioners submits that

                  petitioners has falsely been implicated in the present case.

                  Learned counsel further submits that only charges have been

                  framed. The petitioners undertake to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.71930 of 2025(3) dt.11-02-2026
                                                          2/2




                                   5. Learned APP for the State has opposed the prayer

                      for regular bail of the petitioners.

                                   6. Considering the period of custody and the delay in

                      trial, this application for regular bail is allowed.

                                   7. Accordingly, let the petitioners, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of the learned Sessions Judge/ Special Judge, East

                      Champaran at Motihari/concerned Court below in connection

                      with Bhelahi P.S. Case No. 11/2025 subject to the following

                      conditions:-

                                          (i) The petitioners after being released on bail, are
                                   directed to mark their attendance at Parsa Police Station,
                                   District- Nepal on every Sunday of the month. Any default
                                   in appearance at the Police Station will result in
                                   cancellation of bail bonds of the petitioners.
                                          (ii) the petitioners after being released on bail are
                                   directed to co-operate in the trial either by appearing
                                   personally or through their lawyer in the Trial Court on
                                   each and every date fixed by the trial Court. Non-
                                   compliance of the condition will result in cancellation of the
                                   bail bonds of the petitioners.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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