Patna High Court
Subhash Yadav @ Subhash KumarversusUnion of India through Narcotics control Bureau, , Patna
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for bail was dismissed as there were no fresh grounds or change in circumstances to warrant its grant.
Summary
The petitioner, Subhash Yadav, was arrested in May 2023 on charges under Sections 8(c), 21(c), 27(A) and 29 of the NDPS Act. He applied for regular bail, but the Patna High Court had previously rejected his bail applications on two occasions, citing the material evidence against him. The petitioner argued that he had been in judicial custody for an extended period without sufficient justification, noting that only three of six prosecution witnesses had been examined. The State opposed the bail, contending there were no fresh grounds to revisit the earlier decisions. The Court found no new material or change in circumstances and therefore dismissed the bail petition, directing the lower court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to bail despite earlier rejections and prolonged custody
- Whether any fresh ground exists to merit a fresh consideration of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 27(A), 29, 8(c)
Subjects
- bail
- NDPS Act
- judicial custody
- trial expeditious
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87614 of 2025
Arising Out of PS. Case No.-8 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
======================================================
Subhash Yadav @ Subhash Kumar Son of Hirdayanand Singh @ Hirdanand
Yadav Resident of Village - Shahpur,Ward No. 2, P.S.- Shahpur, Bhojpur Ara,
Bihar.
... ... Petitioner/s
Versus
Union of India through Narcotics control Bureau, , Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Shekhar, Advocate
For the Opposite Party/s : Mr.Arbind Kumar, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with NCB
Crime No. 08 of 2023 (Special NDPS) No. 261 of 2023)
instituted for the offences under Sections 8(c), 21(c), 27(A) and
29 of the NDPS Act.
3. Earlier, on two occasions, vide order dated 19.07.2024
passed in Cr. Misc. No. 20165 of 2024 and vide order dated
13.05.2025 passed in Criminal Miscellaneous No. 11456 of
2025, the regular bail of the petitioner was rejected by this Court
considering the material placed on record against the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 21.05.2023
Patna High Court CR. MISC. No.87614 of 2025(3) dt.09-02-2026
2/2
without any rhymes or reason. He further submitted that out of
six prosecution witnesses, only three witnesses have been
examined in this case.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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