Santosh Kumar Yadav @ Santosh Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Santosh Kumar Yadav @ Santosh Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari/concerned Court below in connection with Raxaul P.S. Case No. 234 of 2025, subject to the conditions that one bailor be a blood relative and the petitioner be physically present in court on every trial date.

Issue for consideration

Whether the petitioner, charged under Sections 20(B)(ii)/22 of the N.D.P.S. Act in Raxaul P.S. Case No. 234 of 2025 for recovery of 73 gram of contraband alleged to be less than small quantity, and in custody since 29.05.2025 with charge-sheet submitted, should be released on bail.

Court's answer

Considering the facts and circumstances, namely that the petitioner has been in custody since 29.05.2025, that the charge-sheet has been submitted, and that the offence involves recovery of less than small quantity of contraband, the petitioner is ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.

Ratio / Principle

Bail is made subject to the condition that one of the bailors will be the petitioner's own blood relative, preferably father, mother, brother, sister and/or his wife.

Key takeaways

Bail is further conditional on the petitioner remaining physically present in court on each and every date during trial; failure on two consecutive dates without sufficient reasons renders his bail bonds liable to be cancelled by the learned court concerned.ratio¶26

Detailed headnote1 paragraphs

NDPS bail — Patna High Court (Oral Order, Justice Smt. Soni Shrivastava, dated 12-12-2025, Cr. Misc. No.53273 of 2025): Santosh Kumar Yadav @ Santosh Yadav, apprehended while driving a Tata Sumo from which, along with cash and Nepali currency, 73 gram of Hasis was allegedly recovered (Raxaul P.S. Case No. 234 of 2025, East Champaran; Sections 20(B)(ii)/22 N.D.P.S. Act), granted bail. Grounds relied upon: custody since 29.05.2025, submission of charge-sheet, and recovery involving less than small quantity of contraband. Bail bond fixed at Rs. 10,000/- with two like sureties before the learned Sessions Judge/Special Judge, East Champaran, Motihari/concerned Court below, conditioned on (i) one bailor being the petitioner's own blood relative, preferably father, mother, brother, sister and/or wife, and (ii) the petitioner remaining physically present in court on every trial date, failing which on two consecutive dates without sufficient reasons the bail bonds are liable to be cancelled.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53273 of 2025

Arising Out of PS. Case No.-234 Year-2025 Thana- RAXAUL District- East Champaran

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

Santosh Kumar Yadav @ Santosh Yadav S/o Suraj Prasad Yadav @ Surya Rai R/o village- Sirisiyamal, Tola Birta Nonea, Ward no. 1, P.S. - Nakardi, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

The Union of India through the Deptt. of Narcotics Drugs, Bihar Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the State : Mr. Rabindra Kumar, APP For the U.O.I. : Mr. Ramadhar Shekhar, CGC ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 12-12-2025

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the Union of India.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20(B)(ii)/22 of the N.D.P.S. Act.

The allegation in the first information report is that the driver of a Tata Sumo, namely Santosh Kumar Yadav (petitioner) was apprehended by the informant and besides some cash and Nepali currency, 73 gram of Hasis was also recovered from the said vehicle.

The learned counsel for the petitioner submits that the petitioner was only a driver of the said vehicle which belongs to school and is being used as independent school van

Patna High Court CR. MISC. No.53273 of 2025(4) dt.12-12-2025 2/3

and as such, no recovery has been made from personal or conscious possession of the petitioner. It has been further submitted that mandatory provisions of search and seizure have also been violated as there is no independent witness to the seizure list and the forensic report is also not on record. It has been further submitted that in any view of the matter, the recovery is that of less than small quantity and the petitioner is in custody since 29.05.2025 and charge-sheet has been submitted.

Learned counsel for the Union of India opposed the grant of bail on the ground of allegations mentioned in the first information report as also that the petitioner has one criminal antecedent. In response to the same, it has been submitted by way of supplementary affidavit that the petitioner is on bail in the said case.

Taking into consideration the facts and circumstances and considering that the petitioner is in custody since 29.05.2025 and the charge-sheet having been submitted for offence which involves recovery of less than small quantity of contraband, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.53273 of 2025(4) dt.12-12-2025 3/3

satisfaction of the learned Sessions Judge/Special Judge, East Champaran, Motihari/concerned Court below in connection with Raxaul P.S. Case No. 234 of 2025 subject to condition

that:-

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

anand/-

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