Patna High Court
Rana Yadav @ Rana Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rana Yadav, was arrested in connection with a Special NDPS case for alleged possession of 121 grams of smack, charged under Sections 8(c) and 21(b) of the NDPS Act. He has been in custody since 16 October 2024 and only one witness has been examined in the trial. The petitioner contended that he was falsely implicated and sought regular bail, emphasizing the prolonged detention and trial delay. The Court considered the length of custody, the lack of substantive evidence presented, and the principle of liberty, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond, two sureties who must be close relatives, monthly police‑station attendance, and cooperation with the trial process.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act given the period of custody and delay in trial
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- custody
- trial delay
- regular bail
- conditions of bail
- narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90609 of 2025
Arising Out of PS. Case No.-101 Year-2024 Thana- Madhubani T District- Purnia
======================================================
Rana Yadav @ Rana Kumar Yadav S/o- Shambhu Kumar @ Shambhu Yadav
R/v- Rupauli Ps- Rupauli Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Special NDPS Case No.
174 of 2024 arising out of Madhubani P.S. Case No. 101 of
2024 registered for the offence under Section 8(c), 21(b) of the
NDPS Act.
3. As per the prosecution case, the recovery is of
121 grams of Smack.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner is in custody since 16.10.2024 and in the trial, only
one witness has been examined yet.
5. Considering the period of custody of the
petitioner and the delay in the trial, this application is allowed.
Patna High Court CR. MISC. No.90609 of 2025(2) dt.12-02-2026
2/2
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Special NDPS
Case No. 174 of 2024 arising out of Madhubani P.S. Case No.
101 of 2024, subject to the condition that both the bailors should
be close relative of the petitioner.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Rupauli Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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