Patna High Court

Manoj Yadav @ Manoj KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Manoj Yadav applied for anticipatory bail after being implicated in a case registered under sections 8(b), 18 and 29 of the NDPS Act for allegedly cultivating opium on 3.14 acres of land. He asserted his innocence, claimed a clean antecedent and argued that the allegations were false. The learned counsel for the State opposed the bail, contending the seriousness of the offence. Justice Sandeep Kumar, after hearing both sides, was not persuaded to grant anticipatory bail and dismissed the application. The petitioner was ordered to surrender within four weeks and to seek regular bail thereafter.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the NDPS Act in view of the alleged opium cultivation.
Whether the petitioner’s clean antecedent and claim of innocence justify the grant of anticipatory bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 29, 8(b)

Subjects

anticipatory bail
NDPS Act
opium cultivation
bail jurisdiction
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48440 of 2025
                      Arising Out of PS. Case No.-51 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Manoj Yadav @ Manoj Kumar S/o Tilak Yadav R/o Village- Piprahi, P.S.-
                 Barachatti, District- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gajendra Kumar Singh, Adv
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Barachatti P.S.Case No. 51 of 2025 registered for the

                   offence under sections 8(b), 18, 29 of the NDPS Act.

                                3. The petitioner is accused of cultivating opium at a

                   large plot of 3.14 acres of land.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. The petitioner has clean antecedent.

                                5. Considering the aforesaid allegation, I am not

                   inclined to grant privilege of anticipatory bail to the petitioner.

                                6. This application is dismissed.

                                7. The petitioner is directed to surrender within four
            Patna High Court CR. MISC. No.48440 of 2025(5) dt.20-02-2026
                                                        2/2




                      weeks from today and pray for regular bail.

                                   7. Let a copy of this order be communicated to the

                      Senior Superintendent of Police, Gaya through FAX or e-mail

                      for its compliance.



                                                 (Sandeep Kumar, J)
N.K/-

U       T

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