Patna High Court
Yogendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the ground of his innocence, clean antecedents, and the general nature of the accusation.
Summary
The petitioner, Yogendra Singh, a government school teacher, applied for anticipatory bail after the police alleged that 127 opium plants and 767 doda plants were discovered on land he co‑owns. The prosecution charged him under Sections 18 and 19 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, asserting his involvement in illicit cultivation. The petitioner contended that he had no role in the cultivation, which was being carried out by his brother, Shobhit Singh, and that he possessed a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The court, considering the petitioner’s lack of direct involvement, the joint ownership of the land, and his clean antecedents, granted anticipatory bail subject to a bail bond and sureties, with the condition that it apply if he is arrested within eight weeks. The order directs the bail to be granted by the Sessions Judge‑c‑Special Judge, Vaishali, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the NDPS Act despite the alleged presence of narcotic plants on land he co‑owns
- Whether the petitioner’s clean antecedents and lack of direct involvement justify the grant of bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 18, 19
Subjects
- anticipatory bail
- NDPS Act
- drug cultivation
- co‑ownership of land
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1601 of 2026
Arising Out of PS. Case No.-86 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
Yogendra Singh S/O Ramdev Singh R/O Vill.- Bhagwatpur, P.s.- And Dist.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjit Kumar Thakur, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 18 and 19
of the N.D.P.S. Act.
3. As per prosecution case, on raid, 127 plants of
opium and 767 plants of doda were found on the land of this
petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is himself a victim of
circumstances. As a matter of fact, petitioner is a teacher in a
government school at Muzaffarpur and presently, he is residing
Patna High Court CR. MISC. No.1601 of 2026(2) dt.28-01-2026
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in Muzaffarpur with his family and has got no concern with the
alleged cultivation over the land in question. It is further
submitted that the land in secretion is in joint possession of the
family of the petitioner and at present, the land is being
cultivated by Shobhit Singh, who is own brother of this
petitioner and simply because petitioner is co-owner of the land,
he has falsely been implicated in this case. Petitioner claims
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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, Vaishali at Hajipur in connection with Vaishali P.S. Case
No. 86 of 2022, subject to condition as laid down under Section
Patna High Court CR. MISC. No.1601 of 2026(2) dt.28-01-2026
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482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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