Ramesh Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Ramesh Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned trial court in connection with Birpur P.S. Case No. 294 of 2024; one bailor to be the petitioner's father Dindayal Gohiyar @ Dindayal Yadav; trial court at liberty to cancel bail bonds if the petitioner delays framing of charge or the trial.

Issue for consideration

Whether the petitioner, charged under Sections 8/20(b)(ii)(B)/29 NDPS Act in Birpur P.S. Case No. 294 of 2024 with alleged recovery of 16 kg of ganja concealed in his motorcycle and in custody since 18-8-2024, should be released on bail.

Court's answer

Considering the submissions of learned counsel for the petitioner, the petitioner is to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Birpur P.S. Case No. 294 of 2024.

Ratio / Principle

One of the bailors of the petitioner shall be his father, Dindayal Gohiyar @ Dindayal Yadav.

Key takeaways

If the learned trial court concludes that the petitioner after release is trying to delay framing of charge or, after framing of charge, is delaying the trial, the trial court shall be at liberty to cancel the petitioner's bail bonds.ratio¶22

Detailed headnote1 paragraphs

Bail granted (NDPS). Ramesh Yadav, accused in Birpur P.S. Case No. 294 of 2024 (Thana Birpur, District Supaul) for offences under Sections 8/20(b)(ii)(B)/29 NDPS Act, with alleged recovery of 16 kg of ganja concealed in his motorcycle and in custody since 18-8-2024, was released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court. One bailor shall be the petitioner's father, Dindayal Gohiyar @ Dindayal Yadav. The trial court was directed to be at liberty to cancel the bail bonds if the petitioner delays framing of charge or delays the trial after framing of charge. Counsel had asserted clean antecedents, first offence, recovery less than commercial quantity, and submission of charge-sheet; the learned A.P.P. opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29529 of 2025

Arising Out of PS. Case No.-294 Year-2024 Thana- BIRPUR District- Supaul

======================================================

Ramesh Yadav S/o Dindayal Gohiyar @ Dindayal Yadav Resident of village - Shripur, Ward No. 05, Police Station - Bhantabari, District - Sunsari, Nepal

... ... Petitioner/s

Versus

The State of Bihar

The Union of India, Patna Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arun . For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 06-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 8/20(b)(ii), (B)/29 of NDPS Act.

3. Learned counsel for the petitioner submits that petitioner is a person of clean antecedent and is in custody since 18-8-2024 and allegation is of recovery of 16 kg of ganja from petitioner, who had concealed the ganja in the motorcycle.

4. The learned counsel for the petitioner next submits petitioner has been falsely implicated in the instant case by the informant. It is further submitted that even presuming what has been alleged is true without admitting then this is the first offence of the petitioner and recovery of ganja is less than

Patna High Court CR. MISC. No.29529 of 2025(3) dt.06-08-2025 2/2

commercial quantity and charge-sheet has been submitted. It is also submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Birpur P.S. Case No. 294 of 2024.

7. One of the bailors of the petitioner shall be his father, Dindayal Gohiyar @ Dindayal Yadav.

8. It is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the framing of charge or after framing of charge is delaying the trial, in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J)

Sumit/-