Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68181 of 2025 Arising Out of PS. Case No.-94 Year-2022 Thana- YADOPUR District- Gopalganj ====================================================== Rajesh Yadav @ Rajesh Kumar S/o Naglal Yadav Resident of - Patahra, P.S.- Jadopur, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Mohan, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-01-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Jadopur P.S. Case No. 94 of 2022 registered for the offences punishable under Sections 80(c), 20(b)(ii)B, 21(b) and 22(b) of NDPS Act.

3. As per FIR, 537.79 grams of Charas was recovered from straw house of another co-accused namely, Devendar Yadav.

4. It is submitted by learned counsel appearing on behalf of the petitioner that when raiding team arrived in terms of information to seize contraband kept in straw

Patna High Court CR. MISC. No.68181 of 2025(4) dt.13-01-2026 2/3 house of co-accused, Devendar Yadav, seeing the police party, Devendar Yadav and another co-accused person started to run away but after short chase co-accused Devendar Yadav was apprehended. It is submitted that from perusal of FIR, nowhere appears that name of this petitioner was disclosed by apprehended co-accused and in such circumstances to make this petitioner as named co-accused is appearing non-convincing and his implication was made out of his criminal antecedents as he found involved in two more criminal cases of different nature, where he is on bail. It is submitted that admittedly recovery was made from straw house of co-accused Devendar Yadav with which this petitioner is of no concern.

5. Learned APP while opposing the prayer of bail could not disputed the aforesaid factual submission.

6. In view of aforesaid factual submission and by taking note of fact as FIR, nowhere disclose that how this petitioner was prima-facie made named co-accused

Patna High Court CR. MISC. No.68181 of 2025(4) dt.13-01-2026 3/3 with present case, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.J, Gopalganj /concerned Court, where the case is pending in connection with Jadopur P.S. Case No. 94 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T