Patna High Court
Uday YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner on the condition of a Rs.30,000 bond and compliance with the conditions prescribed under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Uday Yadav, sought bail in a case alleging large‑scale cultivation of opium on forest land under the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed innocence, stating he is a simple labourer with no knowledge of the alleged cultivation and that no material was recovered from him. The State opposed bail, asserting his involvement as named in the FIR. The Court examined the lack of direct evidence against the petitioner and noted that co‑accused had previously been granted anticipatory bail in similar matters. Considering the petitioner’s clean antecedent and the absence of incriminating material, the Court ordered bail with a bond of Rs.30,000 and specific conditions under the B.N.S.S., 2023. The bail is to be surrendered if the petitioner fails to appear on two consecutive dates or commits a similar offence.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 8(b), 18, 24, 27(b) and 29 of the NDPS Act for alleged opium cultivation.
- Whether the absence of seized material or direct evidence warrants denial of bail.
- What conditions, if any, should be imposed under the B.N.S.S., 2023 when granting bail.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 24, 27(b), 29, 8(b)
Subjects
- anticipatory bail
- NDPS Act
- opium cultivation
- forest land
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36429 of 2026
Arising Out of PS. Case No.-7 Year-2024 Thana- BHADHWAR District- Gaya
======================================================
Uday Yadav S/o Mohan Yadav Resident of Village- Kothi, P.S.- Bhadwar,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
CAV JUDGMENT
Date : 16-06-2026
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is apprehending arrest in
connection with Bhadwar P.S. Case No. 7 of 2024 lodged on
11.02.2024, for the offence punishable under Sections 8(b), 18,
24, 27(b) & 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. As per the prosecution, FIR has been lodged
against 13 named accused persons including the present
petitioner and some unknown persons. The allegation against
the petitioner and other co-accused persons is that they
cultivated opium plants in large scale over the forest lands,
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which belong to the Forest Department and the said Department
is the custodian of the said land.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has committed no offence and he
has been falsely implicated in this case. He submits that merely
on suspicion and due to dirty village politics, the name of the
petitioner has figured in this case. He further submits that the
petitioner has no concern with the said cultivation of opium
plants as well as said plantation over the lands which belongs to
the Forest Department. He submits that the petitioner is a simple
labour and had no knowledge of alleged cultivation of opium
plants. Moreover, nothing has been recovered either from the
conscious possession of the petitioner or from his house and
there is no evidence or material on record to show that the
petitioner was cultivating the said opium plants. Counsel further
submits that some of the co-accused persons have been granted
anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 10.07.2024 & 13.09.2024 passed in Cr. Misc. No.
43150 of 2024 (Satyendra Yadav & Ors. Vs. The State of Bihar
& Anr.) & Cr. Misc. No. 65929 of 2024 (Dhananjay Yadav @
Dhananjay Kumar & Anr. Vs. The State of Bihar & Anr.)
respectively. He further submits that the petitioner has clean
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antecedent and he is ready to fulfill all the conditions
whatsoever shall be imposed upon him in the event of granting
bail to him.
5. Learned APP for the State, on the other hand,
vehemently opposes the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR. He further
submits that the petitioner was found involved in cultivation of
opium plants on large scale over the forest land.
6. As such, in the present facts and circumstances
of this case, let the above named petitioner be released on bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Sessions
Judge-cum-Special Judge, N.D.P.S. Act, Gaya, in connection
with Bhadwar P.S. Case No. 7 of 2024, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023 with further
conditions that (i) one of the bailors should be the family
member of the petitioner who shall provide official document to
show his/her bona fide; (ii) the petitioner shall appear before the
Trial Court on each and every scheduled date, and failure to do
so for two consecutive dates without any plausible
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reason/explanation shall be resulted into cancellation of his bail
bonds by the Trial Court itself and (iii) the petitioner shall desist
from committing any criminal offence of similar nature again,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds of the petitioner.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE 04/06/2026
Uploading Date 16/06/2026
Transmission Date 16/06/2026
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