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Patna High Court

Ashish Yadav @ Ashish Kumar @ Anand @ Surya BhaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Ashish Yadav, was arrested in connection with a case involving the seizure of 97.4 litres of codeine‑containing cough syrup (Wiscodin) and charged under Sections 28, 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections 8, 21(c) and 22(b) of the NDPS Act. The prosecution’s case relied mainly on the confessional statement of a co‑accused, Bittu Kumar, with no material recovered from the petitioner’s possession. The petitioner contended that he was falsely implicated, had no involvement in the recovery, and had been in judicial custody since 24‑12‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Court found the evidence against the petitioner insufficient to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under the Drugs and Cosmetics Act and NDPS Act.
  • Whether the confessional statement of a co‑accused, without any material recovered from the petitioner, is sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • Drugs and Cosmetics Act
  • NDPS Act
  • confessional statement
  • co‑accused
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8375 of 2026
                    Arising Out of PS. Case No.-68 Year-2025 Thana- ANGARGHAT District- Samastipur
                 ======================================================
                 Ashish Yadav @ Ashish Kumar @ Anand @ Surya Bhai, Son of Ramchandra
                 Yadav @ Ram Chandra Yadav, Resident of Village – Basantpur (Batraha),
                 P.S. - Simri Bhakityarpur, Dist. - Saharsa.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Angarghat P.S. Case No.68 of 2025 registered for the

                   offence punishable under Sections 28, 27(b)(ii) and 27(d) of the

                   Drugs and Cosmetics Act and Sections 8, 21(c) and 22(b) of

                   N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that from a

                   vehicle, altogether 97.4 liters of Cough Syrup containing

                   codeine with a brand name of Wiscodin was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
             Patna High Court CR. MISC. No.8375 of 2026(2) dt.12-02-2026
                                                         2/2




                       case. His name has surfaced only on the basis of confessional

                       statement of co-accused Bittu Kumar. Nothing has been

                       recovered from his possession. He has no concern with the

                       alleged recovery. Save and except the confessional statement,

                       there is nothing against the petitioner. Moreover, he is

                       languishing in judicial custody since 24.12.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Principal District & Sessions Judge, Samastipur in connection

                       with Angarghat P.S. Case No. 68 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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