Patna High Court
Dukhi YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.
Summary
Dukhi Yadav was arrested in connection with a case registered under several sections of the Bihar Narcotic Substances Act, 2023, based on the allegation that co‑accused stored stolen bikes and mobiles at his house. The prosecution’s case relied on the confessional statements of the co‑accused, while no material was recovered from the petitioner’s premises. The petitioner contended that he was falsely implicated, had been in judicial custody since 3 October 2025, and that the evidence against him was insufficient. The State opposed bail, highlighting five prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioner released on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges and prior criminal record
- Whether a confessional statement of a co‑accused is sufficient to justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111(2), 317(2), 317(4), 317(5), 323, 336(3), 338
Subjects
- bail
- criminal procedure
- confession of co‑accused
- prior convictions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89800 of 2025
Arising Out of PS. Case No.-271 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Dukhi Yadav S/o- Ram Briksh Yadav @ Rambrichh Yadav R/o village -
Kerwa, kerba , P.s- Saharghat , District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
Mr. Udeshya Kumar Yadav, Advocate
Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard Mr. Gagan Deo Yadav, learned counsel for the
petitioner and Mr. Syed Ehteshamuddin, learned APP for the
State.
2. The petitioner has prayed for bail in connection with
Singhwara P.S. Case No. 271 of 2025 registered for the offence
punishable under Sections 317(2), 317(4), 317(5), 338, 336(3),
323, 111(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that co-accused
namely, Raja Kumar and Chhotu Kumar were apprehended with
stolen bikes, and they disclosed that since the house of this
petitioner is near Nepal, they used to keep the stolen bikes and
mobiles at the house of this petitioner.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.89800 of 2025(2) dt.15-01-2026
2/2
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that the house of the petitioner
was raided and nothing was recovered from him. He also submits
that the petitioner has been made an accused in this case on the
basis of confessional statement of co-accused namely, Raja Kumar
and Chhotu but not of similar in nature. He further submits that the
petitioner is languishing in judicial custody since 03.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of five cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-VII,
Madhubani in connection with Singhwara P.S. Case No. 271 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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