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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that despite the allegations being based on suspicion, the petitioners are entitled to bail as no material recovery was made from them and the case is prima facie weak, subject to conditions under Section 482(2) CrPC.

Summary

Petitioners Rajesh Kumar and Mahendra Manjhi were named in an FIR for alleged offences under Sections 8, 15, 18(c) and 25 of the NDPS Act relating to the destruction of illegally cultivated opium plants in a forest area of Gaya district. They contended that they are simple farmers with no involvement in the forest cultivation and that the FIR was based merely on the suspicion of a forest range officer, with no seizure made from their homes. The State opposed their bail, arguing the suspicion indicated prima‑facie involvement. The Court noted the lack of material recovery from the petitioners and the fact that a co‑accused had already been granted anticipatory bail, and therefore ordered their release on bail subject to conditions under Section 482(2) of the CrPC. The bail bond was set at Rs. 10,000 with two sureties each.

Issues considered

  • Whether anticipatory bail can be granted under the NDPS Act when the FIR alleges involvement solely on the basis of suspicion.
  • Whether the absence of any seizure from the petitioners' premises justifies granting bail.
  • Whether parity with a co‑accused who obtained bail is a relevant factor in deciding the bail application.

Legislation cited

Subjects

  • NDPS Act
  • opium cultivation
  • anticipatory bail
  • suspicion
  • forest land
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36758 of 2026
                        Arising Out of PS. Case No.-23 Year-2025 Thana- DHANGAI District- Gaya
                 ======================================================
           1.     Rajesh Kumar S/O Karu Yadav R/O Village- Chordaha, P.S- Dhangai,
                  District- Gaya.
           2.     Mahendra Manjhi S/O Baleshar Manjhi R/O Village- Chordaha, P.S-
                  Dhangai, District- Gaya.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinod Kumar
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                    Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Dhangai P.S. Case

                   No. 23 of 2025 registered for the offences punishable under

                   Sections 8, 15, 18(c) and 25 of the NDPS Act.

                                3. As per the allegation made in the FIR, a team was

                   constituted for the destruction of cultivated opium plant in

                   Chordaha reserved forest land and accordingly 5.36 acres of

                   illegal cultivation of opium were destroyed over different plots. A

                   sample of opium plant was recovered and seizure list was

                   prepared        accordingly.       It     is     further       alleged        that

                   accused/petitioners along with other co-accused persons, who

                   belong to another place, were suspected to be engaged in illegal
Patna High Court CR. MISC. No.36758 of 2026(2) dt.17-06-2026
                                            2/3




          cultivation of opium.

                       4. Learned counsel appearing on behalf of the

          petitioners submits that the alleged place of occurrence, where

          the opium plant were cultivated, is in the forest area. The

          petitioners are the simple farmers of their villages and they have

          no concern at all with the said forest land or premises or any

          cultivation of opium plant in the said area. The forest area is

          heavily guarded by the forest officers, but since the illegal

          cultivation of poppy came to the knowledge of general-public, the

          petitioners were made accused merely on the basis of suspicion in

          the present case by the informant. The informant is a Forest

          Range Officer and he has not named any forest officials, after

          being informed that the poppy plants were being cultivated in the

          forest area, as it appears from the FIR. It is submitted that

          similarly situated co-accused has already granted anticipatory bail

          by learned Co-ordinate Bench through Cr. Misc. No. 87034 of

          2025 dated 28.01.2026 and as such petitioners also deserves

          bail on the ground of parity. Petitioners claimed clean

          antecedents.

                       5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual and legal submission

          and by taking note of fact as allegation made in FIR regarding
               Patna High Court CR. MISC. No.36758 of 2026(2) dt.17-06-2026
                                                           3/3




                         involvement in the alleged offence of cultivation of poppy plants

                         in the forest area appears suspicious, where no recovery has

                         been made from the house of the petitioners, coupled with fact

                         the petitioners have been made accused in the present case

                         prima-facie on the basis of suspicion, accordingly both above-

                         named petitioners, in the event of their arrest or surrender before

                         the court below within a period of four weeks, are directed to be

                         released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

                         Ten Thousand) each with two sureties of the like amount each to

                         the satisfaction of the learned CJM-cum Special Judge NDPS Act,

                         Gayaji/concerned Court, where the case is pending in connection

                         with Dhangai P.S. Case No. 23 of 2025, subject to the conditions

                         as laid down under Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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