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Patna High Court

Sanjay Yadav @ Vijay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sanjay Yadav, was implicated in a 2019 case for alleged cultivation of illegal opium plants, charged under Sections 8, 15, 18(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act. He contended that he was not named in the FIR and his name surfaced only through a co‑accused’s confessional statement, asserting no ownership of the land and a clean criminal record. The State opposed his bail, arguing the seriousness of the NDND‑related accusations. The Court, considering the petitioner’s clean antecedent and the nature of the allegations, granted anticipatory bail, directing that if arrested he must surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the allegations of opium cultivation.
  • Whether the petitioner’s claim of innocence and clean antecedent warrant bail despite the seriousness of the offences.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • opium cultivation
  • bail bond
  • clean antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1100 of 2026
                      Arising Out of PS. Case No.-50 Year-2019 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Sanjay Yadav @ Vijay Yadav Son of Ramvriksh Yadav Resident of Village-
                 Jaigir, P.S.- Barachatti, District- Gaya (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 8, 15, 18(c), 25 of the

                   Narcotic Drugs and Psychotropic Substances Act.

                                3. As per F.I.R., this petitioner is alleged to be

                   involved in cultivation of illegal opium plants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during

                   investigation only on the basis of confessional statement of co-

                   accused. Petitioner has got no concern with the alleged recovery

                   and the land in question does not belong to the petitioner.

                   Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State vehemently opposed
              Patna High Court CR. MISC. No.1100 of 2026(2) dt.10-02-2026
                                                          2/2




                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Sessions Judge cum

                        Special Judge, NDPS Act, Gaya Ji in connection with

                        Barachatty P. S. Case No. 50 of 2019, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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