Patna High Court
Krishna Mohan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Krishna Mohan Yadav, filed a bail petition fearing arrest in a case under sections 8(c), 20(B)(ii) B and 29 of the NDPS Act, 1985. The FIR was based on a raid where a co-accused, Rajesh Kumar, was caught with 2 kg of ganja and allegedly implicated the petitioner. The petitioner argued that no narcotic article was seized from him, he has no prior similar convictions, and the co-accused’s confession alone is insufficient for detention. The State opposed the bail. The High Court, considering the lack of direct evidence and the petitioner’s clean record, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act in the absence of seized contraband and prior record.
- Whether the co-accused’s confessional statement alone justifies denial of bail.
- Applicability of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii) B, 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- surety
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83193 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Krishna Mohan Yadav S/o Naresh Yadav R/o Lakshminiya, Gogri, P.S -
Paura, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Kumar , Advocate
Mr. Siddhartha Prasad , Advocate
Mr. Shashank Shekhar , Advocate
Mr. Rahul Kumar , Advocate
Mr. Shantam Kriti , Advocate
For the Opposite Party/s : Mr. Binod Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 8 (c), 20 (B ) (ii) B
and 29 of Narcotic drugs and Psychotropic Substances Act,
1985 .
3 . As per F.I.R. on secret information, a raid was
conducted and one co-accused Rajesh Kumar was intercepted
and upon search, 2 kgs of Ganja were recovered from
motorcycle . It is further alleged that on interrogation , he stated
that said ganja was received from this petitioner.
4. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.83193 of 2025(2) dt.05-01-2026
2/2
petitioner is innocent and has committed no offence as alleged.
The name of the petitioner transpired during course of
investigation in confessional statement of co-accused persons
who apprehended on the spot. No incriminating article has been
recovered from possession of petitioner and has got no concern
with the alleged occurrence . Petitioner has got no criminal
antecedents of similar nature .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge (NDPS
Act) Khagaria in connection with Chautham P.S. Case No. 261
of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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