Patna High Court
Dilip Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
Dilip Kumar Yadav, the father of co-accused Chetan Yadav, was arrested in connection with a seizure of 215.8 litres of codeine syrup under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner argued that he was merely present at his house, had no knowledge of the contraband, and possessed a clean antecedent, while the prosecution opposed bail. The court examined the circumstances of the arrest, the petitioner’s lack of direct involvement, and his personal background. Considering the absence of specific attribution of guilt and the petitioner’s cooperation, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed standard conditions. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to a person arrested under Sections 8(c) and 21(c) of the NDPS Act when he claims lack of knowledge and involvement in the contraband.
- Whether the petitioner’s clean antecedent and the circumstances of his arrest justify bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- codeine syrup
- criminal procedure
- presumption of guilt
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85257 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Dilip Kumar Yadav, Son of Late Satyanarayan Yadav, Resident of Village-
Charapatti, Ward no. 12, Ps- Jankinagar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Jankinagar P.S. Case No. 319 of 2025
registered for the offences punishable under Sections 8(c) and
21(c) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
3. As per the prosecution case, the police, on secret
information that one Chetan Yadav @ Monu Yadav has brought
illegal Codeine syrup by a car and has kept the same in the
garage of his house, conducted a raid, however, the said accused
Chetan Yadav @ Monu Yadav managed to flee and one Dilip
Kumar Yadav (petitioner), who happens to be the father of the
Patna High Court CR. MISC. No.85257 of 2025(2) dt.06-01-2026
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accused Chetan Yadav @ Monu Yadav, was apprehended and on
search total 215.8 liters of Codeine syrup was recovered.
4. Learned counsel for the petitioner submits that
from the very tenor of the FIR, it would be evident that the
police had an input with regard to the co-accused Chetan Yadav
@ Monu Yadav that he was dealing in the Codeine syrup
business. It has further been submitted that the petitioner
happens to be the father of the said co-accused Chetan Yadav @
Monu Yadav and was present in his house and was not even
aware as to what was kept in the garage of the house which is
accessible from outside. It has next been submitted that the
petitioner has clean antecedent and merely because he was
present at the relevant time in his house, he was arrested without
any specific attribution. He is in custody since 10.10.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released 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
court below where the case is pending/successor court in
connection Jankinagar P.S. Case No. 319 of 2025, subject to the
Patna High Court CR. MISC. No.85257 of 2025(2) dt.06-01-2026
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following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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