Patna High Court
Rahul Yadav @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the CrPC.
Summary
Rahul Yadav applied for anticipatory bail fearing arrest in a case registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The police had intercepted a vehicle (Brezza) and recovered four cartons of anti‑allergic cough linctus containing codeine phosphate, a prohibited narcotic. The driver, Shubham Kumar, identified the petitioner as a participant, although no contraband was found on the petitioner and he claims no criminal antecedent. The petitioner argued that he was falsely implicated and that the co‑accused had already been granted bail. The State opposed the bail on the ground of the seriousness of the offence. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 21 and 22 of the NDPS Act.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22
Subjects
- anticipatory bail
- NDPS Act
- codeine
- drug trafficking
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7322 of 2026
Arising Out of PS. Case No.-27 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Rahul Yadav @ Rahul Kumar, son of Subhash Bharati, Resident of Maula
Nagar, Chakla, P.S.- Pothia, District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Akbarnagar P.S. Case No. 27 of 2025 instituted for the
offence under Sections 21 and 22 of N.D.P.S. Act.
3. The case of the prosecution, in short, is that one
Brezza was intercepted by police and from that Brezza, four
cartoons of anti-allergic cough linctus containing codeine
phosphate were recovered. It is further alleged that one person
who sitting on different seat of the Brezza managed to escape.
The driver of the vehicle, namely, Shubham Kumar disclosed
the name of this petitioner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.7322 of 2026(2) dt.26-02-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Nothing has been recovered from his possession. His name
has surfaced in the statement of co-accused Shubham Kumar.
He is having no criminal antecedent. It has also been submitted
that co-accused Shubham Kumar has been granted bail by this
Court vide Cr. Misc. No. 35050 of 2025.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Akbarnagar P.S. Case No. 27 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned A.D.J.-I, Bhagalpur, subject to the
conditions as laid down under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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