Patna High Court
Lawak Yadav @ Harendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that the absence of direct evidence and his clean record warranted release on bail.
Summary
The petitioner, Lawak Yadav, sought regular bail in a case under sections 8, 23(c) and 20(b)(ii)(c) of the NDPS Act, where the prosecution alleged that a seized consignment of 77.5 kg of ganja was linked to him through the confessional statement of a co‑accused, Pappu Paswan. The petitioner contended that he was falsely implicated, had no possession of the narcotics, and had no prior criminal record, having been in custody since 30‑12‑2025. The State opposed the bail, arguing the seriousness of the offence. The court examined the reliance on a co‑accused’s confession and the lack of direct evidence against the petitioner, and, considering his clean antecedents, decided to grant regular bail on a bond of Rs.10,000 with two sureties. The order directed his release subject to the bail conditions.
Issues considered
- Whether regular bail can be granted to an accused under sections 8, 23(c) and 20(b)(ii)(c) of the NDPS Act when the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s lack of direct possession and clean antecedents justify bail despite the seriousness of the alleged drug offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 23(c), 8
Subjects
- regular bail
- NDPS Act
- drug trafficking
- confessional statement
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7449 of 2026
Arising Out of PS. Case No.-10 Year-2024 Thana- MAHUAWA District- East Champaran
======================================================
Lawak Yadav @ Harendra Kumar Son of Lalbabu Rai @ Lalbabu Ray
Resident of Village- Gayara, P.S.- Kotwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8/23 (c) and
20 (B) (II) ( C) of the NDPS Act.
3. The case of the prosecution is that at the Indo-
Nepal boarder, the boarder police noticed certain miscreants were
coming towards Nepal carrying sacks on their heads. It is alleged
that one of them was apprehended and disclosed his name as
Pappu Paswan while the remaining persons managed to flee away.
Upon interrogation, the apprehended person disclosed the name of
the present petitioner and other co-accused persons, who had
escaped. It is alleged that from the said sacks, altogether 77.5
K.G. ‘Ganja’ like substance were recovered.
Patna High Court CR. MISC. No.7449 of 2026(2) dt.06-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that name
of the petitioner has surfaced on the basis of the confessional
statement of co-accused Pappu Paswan and that nothing has been
recovered from the conscious possession of this petitioner. Save
and except confessional statement of Pappu Paswan, there is
nothing against this petitioner. Moreover, he is languishing in
judicial custody since 30.12.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the
prayer of regular bail.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection Mahuawa P.S. Case No. 10 of 2024 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge/Special
Judge, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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