Patna High Court
Bipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to specified conditions and a bail bond.
Summary
Bipin Yadav was arrested in connection with a case involving the recovery of two country‑made pistols and 6.8 kg of ganja from a riverbank. He was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the NDPS Act. The petitioner claimed innocence, argued that a self‑confession made to police had no evidentiary value, and contended that the seized narcotics were below commercial quantity, rendering Section 37 of the NDPS Act inapplicable. The State opposed bail, citing the seriousness of the offences and the petitioner’s thirteen prior criminal antecedents. The Court, considering the low quantity of contraband, lack of compliance with Sections 42 and 50 of the NDPS Act, and the period of custody, granted bail subject to a bond of Rs 15,000 with two sureties and several conditions.
Issues considered
- Whether bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act.
- Whether the quantity of seized narcotics being below commercial quantity negates the applicability of Section 37 NDPS Act.
- Whether a self‑confession made before police can be relied upon as evidence for denial of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 190, 191(2), 191(3), 61(2)
- NDPS Act — s. 20(b)(ii)(b), 37, 42, 50, 8
Subjects
- bail
- narcotics
- arms possession
- criminal procedure
- self‑confession
- commercial quantity
- NDPS Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86062 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Bipin Yadav Son of Late Hari Yadav @ Harilal Yadav Resident of Village-
Madheli, P.S.- Kursela, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kursela
P.S. Case No. 83 of 2025, instituted for the offences punishable
under Sections 191(2), 191(3), 190, 109, 61(2) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26, 27, 35
of the Arms Act, Sections 8, 20(b)(ii)(b) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of two country made pistols and 6.8 Kg of Ganja from
the bank of river.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.86062 of 2025(3) dt.20-02-2026
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner has been remanded in this case
on the basis of self-confession made before the police in Kursela
P.S. Case No. 19 of 2025 and the same has got no evidentiary
value. It is further submitted that the petitioner has got no
concern either with the alleged recovery of arms or Ganja. The
recovered contraband is below the commercial quantity. Hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. The petitioner is in custody since 21.04.2025 and has got
thirteen criminal antecedents. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.86062 of 2025(3) dt.20-02-2026
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Court in connection with Kursela P.S. Case No. 83 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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