Patna High Court

Fekan YadavversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court held that the petitioner is entitled to regular bail as the investigation is complete, he has a clean antecedent, and bail has been granted to co‑accused.

Summary

Fekan Yadav was arrested in connection with a case under Sections 20 and 22 of the NDPS Act for alleged recovery of 1.4 kg of ganja and 12 kg of plant parts from his courtyard. He contended that the narcotics were not in his conscious possession and pointed out that several co‑accused had already been granted bail by this Court. The State opposed the bail application. The Court considered the petitioner’s clean antecedent, the completion of the investigation, his prolonged custody since 7 October 2025, and the precedent of bail granted to co‑accused. Accordingly, the Court ordered his release on regular bail upon furnishing a bail bond of Rs 20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act and the Criminal Procedure Code
Whether the recovery of narcotics from the petitioner’s premises establishes conscious possession sufficient to deny bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22

Subjects

bail
NDPS Act
regular bail
criminal procedure
co-accused
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87502 of 2025
                    Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Fekan Yadav, son of Lalji Yadav, Resident of village- Gidarpur Police Station-
                 Hulasganj Distict- Jehanabad.                               .. ... Petitioner/s
                                                    Versus
                 The State of Bihar                                    .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar, Adv.
                 For the Opposite Party/s :      Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                     1.    Heard Mr. Anil Kumar, learned counsel for the

                   petitioner and Mr. Satyendra Prasad, learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Hulasganj P. S. Case No. 39 of 2025, dated 09.02.2025 registered

                   for the offences punishable under Sections 20 and 22 of the NDPS

                   Act.

                                3. The main submissions advanced by the petitioner's

                   counsel are that as per the allegation Ganja like substance

                   weighing 1.4 kg is alleged to have been recovered from the

                   courtyard of the petitioner's house, though part of Ganja plants

                   such as leaves, roots and branches weighing 12 kg are also

                   alleged to have been recovered from the same place but the said

                   recovery was not made from the conscious possession of this

                   petitioner and further several co-accused persons, namely Pinki

                   Devi, Pratima Devi @ Pratima Kumari Ravindra Yadav and Surya

                   Narayan Yadav @ Vijay Yadav carrying almost similar nature of
              Patna High Court CR. MISC. No.87502 of 2025(2) dt.12-01-2026
                                                          2/2




                        allegation have already          been granted bail by the Coordinate

                        Benches of this Court vide orders dated 12.05.2025, 22.05.2025,

                        22.12.2025 and 30.04.2025 passed in Cr. Misc. Nos. 23050 of

                        2025, Cr. Misc. No. 22576 of 2025, 82007 of 2025 and 24308 of

                        2025 respectively. It is also submitted that the petitioner's past is

                        completely clean, has been languishing in jail since 07.10.2025

                        and against him the investigation has been completed.

                                     4. Learned APP appearing for the State has opposed the

                        bail prayer of the petitioner.

                                     5. Considering the aforesaid submissions, averments

                        made in this application, the petitioner's present custody period

                        and the completion of investigation against him coupled with his

                        fair and clean antecedent and the privilege of bail having been

                        granted to the several co-accused persons by the Coordinate

                        Benches of this Court, this court is inclined to release him on bail.

                        Accordingly, let the petitioner named-above be enlarged on bail in

                        connection with Hulasganj P. S. Case No. 39 of 2025 on furnishing

                        bail bond of Rs. 20,000/- (Rupees 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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