Patna High Court
Umesh Kumar Yadav @ Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In view of the absence of substantive material against the petitioner, his clean antecedent and the possibility of false implication, the court granted bail subject to conditions under Section 482(2) CrPC.
Summary
The petitioner, Umesh Kumar Yadav, was implicated in a case (Bhadwar P.S. Case No. 14 of 2023) for alleged opium cultivation on protected forest land, alleged to violate Sections 8(b), 18 and 19 of the NDPS Act. He claimed innocence, asserting he was not present at the site and that the accusation was based merely on suspicion, emphasizing his clean criminal record. The State opposed his bail, but the court noted a distinct lack of substantive material linking him to the offence and the possibility of false implication. Considering these factors, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC. The bail order also required the petitioner’s presence at trial dates and verification of his antecedent, with cancellation possible if false information is discovered.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Code of Criminal Procedure in a case under the NDPS Act given the lack of substantive evidence and his clean antecedent.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 18, 19, 8(b)
Subjects
- NDPS Act
- bail
- false implication
- criminal antecedent
- protected forest land
- opium cultivation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28972 of 2026
Arising Out of PS. Case No.-14 Year-2023 Thana- BHADHWAR District- Gaya
======================================================
Umesh Kumar Yadav @ Umesh Yadav S/o Jhari Yadav @ Jhari Mahto,
Resident of Village - Panchhana, P.S. - Maigra, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Bhadwar P.S. Case
No. 14 of 2023, dated 06.03.2023, registered for the offences
punishable under Sections 8(b), 18 and 19 of the NDPS Act.
3. As per prosecution case, opium was found
planted on protected forest land measuring 1.5 acres and
petitioner was named as one of the accused persons who was
involved in this farming.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case merely on the basis of suspicion. On the alleged date of
occurrence, the petitioner was not even present at the place of
Patna High Court CR. MISC. No.28972 of 2026(2) dt.05-05-2026
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occurrence and in a mischievous manner, it has been alleged
that petitioner and co-accused were found fleeing away from the
spot. There is no material to show involvement of the petitioner
in the alleged occurrence, who is a farmer. Learned counsel
lastly submits that petitioner is having clean antecedent.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
distinct lack of substantive material against the petitioner and
further considering his clean antecedent and possibility of false
implication, let the petitioner, above-named, in the event of his
arrest or surrender before the Court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge-cum-Special Judge, NDPS Act, Gaya, in
connection with Bhadwar P.S. Case No. 14 of 2023, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
Patna High Court CR. MISC. No.28972 of 2026(2) dt.05-05-2026
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(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(iii) The learned trial Court shall verify the
criminal antecedent of the petitioner and in case, at any stage, it
is found that the petitioner has concealed his criminal
antecedent, the learned trial Court shall take step for
cancellation of bail bond of the petitioner
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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