Patna High Court
Nand Kishore YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail is appropriate as the FIR is founded on suspicion and similar co‑accused have been granted bail, subject to prescribed conditions.
Summary
The petitioners, three residents of Tandwa village, sought anticipatory bail after learning that they were likely to be arrested in a case registered under Sections 8(b), 18 and 29 of the NDPS Act for alleged opium cultivation on 18.3 acres of forest land. They contended that the FIR was filed solely on suspicion, that forest officers might have been complicit, and that allegations of them attempting to flee were fabricated. The State opposed the bail on the ground of prior criminal antecedents, though it was argued that those antecedents did not fall under the NDPS Act. The Court noted that similar co‑accused had already been granted anticipatory bail in related matters and that the FIR lacked substantive evidence. Consequently, the Court ordered anticipatory bail for each petitioner, subject to a bail bond of Rs 10,000, two sureties, cooperation with the investigation, and a family member as one bailor.
Issues considered
- Whether anticipatory bail should be granted in an NDPS case where the FIR is based merely on suspicion.
- Whether the petitioners' prior criminal antecedents disqualify them from obtaining anticipatory bail under the NDPS Act.
- Whether the grant of anticipatory bail to similarly situated co‑accused influences the decision in the present application.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 18, 29, 8(b)
Subjects
- anticipatory bail
- NDPS Act
- suspicion
- opium cultivation
- forest land
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79207 of 2025
Arising Out of PS. Case No.-10 Year-2023 Thana- BHADHWAR District- Gaya
======================================================
1. Nand Kishore Yadav S/O Ram Murat Yadav R/o Village- Tandwa, P.S.-
Bhadwar, Distt.- Gayaji
2. Surendra Kumar Yadav S/O Ramdev Yadav R/o Village- Tandwa, P.S.-
Bhadwar, Distt.- Gayaji
3. Alok Yadav @ Alok Kumar Yadav S/O Sardar Yadav R/o Village- Tandwa,
P.S.- Bhadwar, Distt.- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunwar Narayan Jamuar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered under Section 8(b), 18, 29 of the N.D.P.S. Act.
3. The case of the prosecution is that the opium
plantation was being done on 18.3 acres of land of the forest
area.
4. Learned counsel for the petitioners submits that the
first information report itself would reveal that the petitioner has
been made an accused on the basis of suspicion and the role of
the forest officers would also not be beyond question as in any
such case of plantation being done in the said area the
Patna High Court CR. MISC. No.79207 of 2025(3) dt.21-01-2026
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connivance cannot be ruled out. It has further been submitted
that the allegation of the accused persons trying to flee away are
all false and concocted. Further, similarly situated co-accused
persons have already been granted anticipatory bail by
coordinate Benches of this Court vide order dated 24.09.2025 in
Cr. Misc. No.67881 of 2025 and the order dated 19.11.2025
passed in Cr. Misc. No. 74856 of 2025.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State on the ground that the petitioner no.
1 and 2 have one more criminal antecedent. However, it has
been responded that the same is not under any provisions of the
N.D.P.S. Act.
6. Taking into consideration the facts and
circumstances and also considering the fact that the entire FIR
has been lodged only on the basis of suspicion and other
similarly situated co-accused have already been granted bail, let
the above named petitioners, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Bhaddwar P.S. Case no.10 of 2023 on 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 Court
Patna High Court CR. MISC. No.79207 of 2025(3) dt.21-01-2026
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below where the case is pending subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the
conditions:
(i) The petitioner would cooperate in the
investigation/ trial.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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