Created by Fuzzy Cloud

Patna High Court

Subhash Yadav @ Subhash KumarversusUnion of India through Narcotics control Bureau, , Patna

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.