Patna High Court
Yogendra Dubey @ Yogendra DubeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, finding the circumstances justified release on bail.
Summary
The petitioner, Yogendra Dubey, an octogenarian with age‑related ailments, was arrested on 10 August 2025 in connection with a case registered under Sections 20(b)(ii)(B), 22 and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He applied for regular bail, contending that the police had not complied with Section 42 of the NDPS Act during seizure and that the seized ganja fell within the intermediate quantity category. The State opposed the bail application. The Court considered the petitioner’s advanced age, lack of prior criminal record, the nature of the alleged contraband, and the fact that the principal prosecution witnesses were official persons. Weighing these factors, the Court held that the circumstances warranted the grant of bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether an octogenarian accused under the NDPS Act is entitled to regular bail.
- Whether non‑compliance with Section 42 of the NDPS Act during seizure affects bail eligibility.
- Whether the quantity of seized narcotic (intermediate quantity) influences the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 22, 25, 42
Subjects
- bail
- NDPS Act
- octogenarian
- health considerations
- procedural lapse
- intermediate quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86593 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Yogendra Dubey @ Yogendra Dube, S/o- Late Awadhesh Dubey, Resident of
Village- Hardiya, Police Station- Kundwa Chainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Rajesh Ranjan, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kundwa Chainpur P. S. Case No. 220 of 2025, dated
09.08.2025 registered for the offences punishable under
Sections 20(b)(ii)(B), 22 and 25 of the Narcotic Drugs and
Psychotropic Substance Act, 1985.
3. The main submissions advanced by the petitioner's
counsel are that the petitioner is an octogenarian and suffering
from various aged-related ailments, while seizing the alleged
contraband the provisions of section 42 of the N.D.P.S. Act
were not followed by the police party and the alleged seized
Ganja falls in the purview of the intermediate quantity which is
Patna High Court CR. MISC. No.86593 of 2025(2) dt.09-01-2026
2/2
slightly greater than the small quantity and the petitioner has
been languishing in jail since 10.08.2025 bearing no criminal
antecedent.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the petitioner's old age, his custody
period, his fair and clean antecedent and mainly coupled with
the fact that the main prosecution witnesses who are to be
examined in the trial of the petitioner are official persons, in my
opinion, it is a fit case for bail to the petitioner. Accordingly, let
the petitioner named-above be enlarged on bail in connection
with Kundwa Chainpur P. S. Case No. 220 of 2025 on
furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with
two sureties of the like amount each to the satisfaction of the
Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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