Patna High Court
Surendra Yadav @ Abhay Yadav @ Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Surendra Yadav, who has been in custody since 30 August 2025, applied for bail in an NDPS case (Case No. 11 of 2025) involving alleged offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that 270.8 kg of raw ganja was recovered from the premises of Vijay Yadav and Dhananjay Bind, but no incriminating material was found on the petitioner. The petitioner contended that he was falsely implicated, highlighted that co‑accused had already been released on bail, and noted that his prior criminal record was unrelated to drug offences. The learned Additional Public Prosecutor opposed bail, but the court considered the lack of material possession, the petitioner’s prolonged detention, and the precedent of bail to co‑accused. The court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding personal appearance, surety qualifications, and possible cancellation for future offences or concealment of antecedents. The order expressly stated that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner in an NDPS case involving Sections 20 and 22 of the NDPS Act.
- Whether the absence of incriminating material on the petitioner and the prior bail granted to co‑accused justify bail.
- Whether the petitioner’s prior criminal antecedent, though unrelated, impacts the bail decision.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 20
- Section 22
- criminal antecedent
- sureties
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77875 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Surendra Yadav @ Abhay Yadav @ Abhay Kumar, S/o Late Rameshwar
Yadav, R/o Village- Gidarpur, P.S.- Hulasganj, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Adv.
Ms. Ragini Kumari, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 09-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with N.D.P.S. Case No. 11 of 2025, arising out of
Hulasganj P.S. Case No. 39 of 2025 registered for the offence(s)
punishable under Section(s) 20 and 22 of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. As per the prosecution case, on search total 88
green plants of Ganja in raw form, totaling around 270.8 Kgs.,
was recovered from the house and courtyard of Vijay Yadav and
Dhananjay Bind.
4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.77875 of 2025(3) dt.09-01-2026
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that the petitioner has falsely been implicated in this case and
admittedly from the mere perusal of the F.I.R., it would be
evident that the recovery has been made from the house of Vijay
Yadav and Dhananjay Bind and no recovery of any
incriminating article has been made from the conscious
possession of the petitioner. It has further been submitted that
the similarly situated co-accused persons, namely, Ravindra
Yadav, Mahendra Yadav and Nanhaku Yadav have been
enlarged on bail by a co-ordinate Bench of this Court vide order
dated 22.12.2025 passed in Cr. Misc. No. 82007 of 2025. It has
lastly been submitted that the petitioner carries one criminal
antecedent against his name but not of similar nature and he is
in custody since 30.08.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 30.08.2025, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with N.D.P.S.
Patna High Court CR. MISC. No.77875 of 2025(3) dt.09-01-2026
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Case No. 11 of 2025, arising out of Hulasganj P.S. Case No. 39
of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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