Created by Fuzzy Cloud

Patna High Court

Uday YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.36429 of 2026 dt.16-06-2026
                                            2/4




         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
Patna High Court CR. MISC. No.36429 of 2026 dt.16-06-2026
                                            3/4




         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
             Patna High Court CR. MISC. No.36429 of 2026 dt.16-06-2026
                                                         4/4




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.