Patna High CourtCR. MISC./48463/2025dismissed

Bhagwan Yadav v. The State Of Bihar

2025-11-18Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48463 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran ====================================================== BHAGWAN YADAV Son of Late Indradeo Yadav Resident of Village - Maharajpur, P.S.- Sahatwar, Pin - 277211, District - Ballia (U.P.). ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51689 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran ====================================================== SARWAN KUMAR YADAV Son of Shivji Yadav Resident of Village - Chandpur, P.S.- Sahatwar, Pin - 277211, District - Ballia (U.P.). ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 48463 of 2025) For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Parmanand Prasad For the IOCL :

Mr. Raj Kumar Mr. Sarvottam Kumar (In CRIMINAL MISCELLANEOUS No. 51689 of 2025) For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Amitesh Kumar For the IOCL :

Mr. Raj Kumar Mr. Sarvottam Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-11-2025 Heard the learned counsel for the petitioners, learned counsels for the State Shri Jharkhandi Upadhyay and learned counsel for the IOCL in both the aforesaid cases.

2. The petitioner of both the aforesaid cases seek bail in connection with Kotwa P.S. Case No. 57 of 2025 / NDPS GR

Patna High Court CR. MISC. No.48463 of 2025(3) dt.18-11-2025 2/3 Case No. 30 of 2025 registered for the offence under Sections 8, 15, 17©, 18©, 20(b)(ii)(c), 23, 25 of the NDPS Act, under Sections 303(2), 287, 317(2), 324(5), 111, 61(2), 62(2), 3(5) of the BNS, under Sections 15(2), 15(3), 15(4) of the Petrol and Mineral Pipe Line Act, under Section 3⁄4 of the Exclusive Substance Act and under Section 3⁄4 of the Prevention of Damage to Public Property Act as well as under Section 7 of EC Act.

3. As per the prosecution case, the recovery is of 1 kg 50 grams of Charas and it has also been alleged that the petitioners were involved in theft of massive quantity of petroleum products.

4. The petitioners are in custody since 18.02.2025 and it has been submitted by the learned counsel for the petitioners that the petitioners driver and co-driver and they are falsely implicated in this case.

5. Considering the quantum of recovery of charas from the oil tanker and other equipments which shows that the petitioners were involved in the alleged crime, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, both the aforesaid bail applications are hereby dismissed.

Patna High Court CR. MISC. No.48463 of 2025(3) dt.18-11-2025 3/3

7. If the trial of the petitioners is delayed by the prosecution side then the petitioners may renew their prayer for bail.

(Sandeep Kumar, J) Vikas/- U