Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1599 of 2026 Arising Out of PS. Case No.-577 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Anil Yadav Son of Fekan Yadav R/o Village - Parikauna, P.S. - Noorsarai, Dist. - Nalanda.

2.

Chhotu Kumar Son of Fekan Yadav R/o Village - Parikauna, P.S. - Noorsarai, Dist. - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-01-2026 Heard learned counsel for the petitioners and Mr. Pranav Kumar, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 21, 25, 29 and 8(c) of the N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the pick-up van of these petitioners, altogether 16 grams of cocaine like narcotic substance was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing

Patna High Court CR. MISC. No.1599 of 2026(2) dt.31-01-2026 2/2 has been recovered from the possession of these petitioners. There is no independent witness of the seizure list rather they are police personnel. Police has not followed Section 105 of B.N.S.S. while preparing seizure list. It has also been submitted that though the recovery of contraband is more than small quantity but is much less than commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 03.11.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Noorsarai P.S. Case No. 577 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Pr. Sessions Judgecum-Special Judge, Nalanda, Biharsharif. (Ashok Kumar Pandey, J) Shubham/- U T