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Patna High Court

Umesh Kumar Yadav @ Umesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                                    (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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