Patna High Court
Saket Yadav @ Saket SaurabversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied as the court found the allegations serious and the risk of tampering with evidence substantial.
Summary
The petitioner, Saket Yadav, sought pre‑arrest bail after the police, acting on secret information, conducted a raid that led to the seizure of 1.08 kg of charas and live cartridges from a co‑accused, Ankit Singh. The co‑accused allegedly identified the petitioner as a contractor involved in supplying and smuggling the seized contraband. The prosecution charged the petitioner under several provisions of the Arms Act (sections 25(1‑b), 25(a), 26, 35) and the NDPS Act (sections 20(b), 20(ii)(c), 23(c), 29, 22(b), 22(c)). The court examined the seriousness of the offences, the nature of the allegations, and the risk of the petitioner absconding or tampering with evidence. Considering the gravity of the charges and the material recovered, the court rejected the petition for pre‑arrest bail. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- What is the appropriate standard for granting pre‑arrest bail under the Arms Act and NDPS Act in a case involving serious drug and arms offences?
- Does the allegation that the petitioner acted as a contractor and supplier justify denial of pre‑arrest bail?
Legislation cited
Subjects
- pre‑arrest bail
- Arms Act
- NDPS Act
- drug smuggling
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71954 of 2025
Arising Out of PS. Case No.-443 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Saket Yadav @ Saket Saurab son of Amrendra Kumar Resident of Village-
Chilwaniya Ps -Banjariya District- East Champaran, Motihari, P/A- Resident
of village- Madhumalti, Chhapra, Bahas, dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar , Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, 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, and one co-accused namely , Ankit singh
was apprehended and on his disclosure 1.08 kg Charas and live
cartridge were recovered. It is further alleged that apprehended
co-accused person disclosed the name of this petitioner as one
of his associates who work on contract and supply incriminating
articles and also indulged in smuggling of the same .
Patna High Court CR. MISC. No.71954 of 2025(5) dt.13-01-2026
2/2
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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