Patna High Court
Ashish Yadav @ Ashish Kumar @ Anand @ Surya BhaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Drugs and Cosmetics Act — s. 27(b)(ii), 27(d), 28
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(b), 8
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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