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Patna High Court

Basudev SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail as the allegations do not specifically implicate them in the NDPS offences.

Summary

The petitioners, three residents of Lath Bela village, sought anticipatory bail after learning that they might be arrested in connection with a police case alleging opium cultivation on forest land in nearby Kumbhi village. The FIR, filed under Sections 8, 15, 18(c) and 25 of the NDPS Act, named them based on information from villagers, but the petitioners contended that no specific allegation linked them to the cultivation and that they lived two kilometres away. They argued that they had been implicated without a proper enquiry and possessed a clean criminal record. The State opposed the bail, asserting the seriousness of the NDPS offences. After considering the submissions and the lack of direct evidence against the petitioners, the High Court held that a prima facie case for anticipatory bail existed and directed the District Court to release them on bail with a bond of Rs.10,000 and two sureties, subject to verification of any pending cases and compliance with Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in a case registered under the NDPS Act despite the FIR naming them.
  • Whether the absence of specific allegations of personal involvement in opium cultivation justifies grant of pre‑arrest bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • NDPS Act
  • opium cultivation
  • criminal procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5782 of 2026
                         Arising Out of PS. Case No.-8 Year-2025 Thana- DHANGAI District- Gaya
                 ======================================================
           1.     Basudev Singh Son of Kiwal Singh Resident of Village- Lath Bela, P.S.-
                  Dhangai, District- Gaya Ji.
           2.    Raj Kumar Singh Son of Dhanuk Singh Resident of Village- Lath Bela, P.S.-
                 Dhangai, District- Gaya Ji.
           3.    Khelawan Singh @ Lal Mohan Singh Son of Jagdish Singh. Resident of
                 Village- Lath Bela, P.S.- Dhangai, District- Gaya Ji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   06-04-2026                     Heard Mr. Sudhir Kumar Sinha, learned counsel

                   appearing on behalf of the petitioners and Mr. Ram Bilash Roy

                   Raman, learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Dhangai P.S. Case No. 8 of 2025 registered under Sections

                   8, 15, 18(C), 25 of the NDPS Act.

                                3. As per the allegation made in the FIR, the

                   informant along with other police personnel reached village

                   Kumbhi for destruction of opium plants allegedly cultivated on

                   forest land, and upon inquiry, certain villagers disclosed the

                   names of the accused persons, including the petitioners, as being
Patna High Court CR. MISC. No.5782 of 2026(5) dt.06-04-2026
                                            2/3




          involved in such cultivation.

                       4. Learned counsel appearing on behalf of petitioners

          submitted that the petitioners are innocent and they have falsely

          been implicated in the present case. The petitioners have no

          concern with the alleged occurrence and they reside at a

          distance of about 2 km from village Kumbhi, where the alleged

          cultivation took place. The petitioners have been implicated

          without any proper enquiry. There is no specific allegation that

          the petitioners had cultivated opium plants on their own land so

          as to attract the provisions of Sections 8, 15, 18(c) and 35 of the

          NDPS Act. The petitioners have clean antecedent. On these

          grounds, the petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegations made in

          the FIR and the materials available on record, and considering

          the absence of any specific allegation that the petitioners had

          cultivated opium plants on their own land so as to attract the

          Sections of 8, 15, 18(c) and 35 of the NDPS Act, along with the

          fact that the petitioners reside away from the place of

          occurrence and appear to have been implicated without proper
           Patna High Court CR. MISC. No.5782 of 2026(5) dt.06-04-2026
                                                       3/3




                     enquiry, I am of the opinion that the petitioners have, prima

                     facie, made out a case to be enlarged on pre-arrest bail.

                                  7. The learned District Court is directed to release the

                     petitioners on anticipatory bail, in the event of their arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) with two sureties of the like amount each, to the

                     satisfaction of learned District Court where the case is pending

                     in connection with Dhangai P.S. Case No. 8 of 2025, subject to

                     the condition as laid down under Section 482(2) of the B.N.S.S.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioners, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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