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Patna High Court

Yugal Singh @ Jugal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioner upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Yugal Singh, was implicated in an NDPS case alleging illegal cultivation of cannabis on land he claims is forest land, with no narcotic substance recovered from him. He contended his innocence, asserting false implication by a local chowkidar and a clean antecedent. The State opposed his bail application. The court examined the facts, noting the lack of direct evidence against the petitioner and his clean record. It ordered that bail be granted if the petitioner surrenders within eight weeks, requiring a Rs.10,000 bail bond and two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on compliance with the specified terms.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act in the absence of direct evidence of possession.
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits granting bail in the present circumstances.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • cannabis cultivation
  • forest land
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8014 of 2026
                      Arising Out of PS. Case No.-419 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Yugal Singh @ Jugal Singh Son of Lalu Singh @ Dukhan Singh Bokta R/o
                 Village - Harnahi, P.S. - Barachatti, Dist. - Gaya(Bihar).
                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhay Kumar Singh
                 For the Opposite Party/s :       Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 8(b), 20(a)(i), 29 of the

                   N.D.P.S. Act.

                                3. As per F.I.R., this petitioner along with other 24

                   named accused persons are alleged to be involved in illegal

                   cultivation of Cannabis (Ganja) plants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. The land in question does not belong to this petitioner,

                   rather it is forest land. Name of the petitioner and others was

                   disclosed by local Chowkidar. There is no recovery of any

                   narcotic substance from possession of petitioner and he claims

                   clean antecedent.
           Patna High Court CR. MISC. No.8014 of 2026(2) dt.20-02-2026
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                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Sessions Judge-cum-Special Judge, NDPS Act, Gayaji /

                     concerned Court in connection with Barachatti P.S. Case No.

                     419 of 2025, subject to condition as laid down under Section

                     482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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