Avinash Kumar Yadav @ Abu Yadav vs The State Of Bihar on 18 May, 2026

Patna High Court – Orders

Avinash Kumar Yadav @ Abu Yadav vs The State Of Bihar on 18 May, 2026

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23542 of 2026
                    Arising Out of PS. Case No.-820 Year-2023 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Avinash Kumar Yadav @ Abu Yadav Son of Phulchandra Yadav @ Phulchan
                 Yadav @ Phulchand Yadav R/o Village - Naya Tola Jurabganj, P.S - Kodha,
                 Dist. - Katihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Chhote Lal Mishra, Adv.
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   18-05-2026

Heard learned senior counsel for the petitioner Ms.

Namrita Mishra and learned APP for the State.

SPONSORED

2. The petitioner seeks bail in connection with Motihari

Town P.S. Case No. 820 of 2023 instituted for the offences under

Sections 420, 465, 468, 471, 483, 34 of the IPC.

3. The allegation is that the panther mobile caugh the

petitioner who was found carrying 1.025kg of charas. The same is

commercial quantity and thus bar under Section 37 of NDPS would

be applicable.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has falsely been implicated in the present

case. The petitioner is in custody since 28.12.2025 and has got no

criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed
Patna High Court CR. MISC. No.23542 of 2026(3) dt.18-05-2026
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the prayer for grant of bail to the petitioner.

6. Number of cases have been seen from East Champaran

where the quantity has been measured to be just above commercial

quantity in order to make the recovery commercial. The petitioner

bears no criminal antecedent. Thus, this Court is inclined to grant bail

after verification of antecedent of the petitioner.

7. Let the petitioner be released on bail after verification

of antecedent of the petitioner on furnishing bail bonds of

Rs.10,000/- (Ten thousand) with two sureties of the like amount each

to the satisfaction of learned Exclusive Special Court-I, NDPS Act,

Motihari, East Champaran/concerned Court in connection with

Motihari Town P.S. Case No. 820 of 2023.

8. It is made clear that any observation made herein is

prima facie in nature and limited solely for the purpose of

adjudication of the present bail application. Such observations shall

not be construed as an expression on the merits of the case and shall

not influence the trial or any other proceedings in any manner.

(Ansul, J)
abhishekkr/-

U      T