Patna High Court
Vijay YadavversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted in the present NDPS case due to the seriousness of the alleged offence.
Summary
Vijay Yadav applied for anticipatory bail fearing arrest in a case registered under Sections 8(B), 18 and 29 of the NDPS Act for alleged cultivation of opium on 5.42 acres of forest land. The prosecution alleged that the petitioner was involved in the cultivation of opium, a serious narcotic offence. The High Court examined the nature and seriousness of the allegations and the statutory provisions governing anticipatory bail in NDPS cases. Considering the gravity of the offence, the Court was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender to the lower court within four weeks and seek regular bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged cultivation of opium under the NDPS Act
- Whether the seriousness of the offence under Sections 8(B), 18 and 29 of the NDPS Act precludes the grant of anticipatory bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 29, 8(B)
Subjects
- anticipatory bail
- NDPS Act
- opium cultivation
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80708 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Vijay Yadav S/O Biseshwar Yadav Resident of Village- Sankhua Chotki
Chapi, P.S.- Barachatti, District- Gaya,
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Barachatty P.S. Case No. 50 of 2025 registered
for the offence under Sections 8(B), 18, 29 of the NDPS Act.
3. As per the prosecution case, the allegation
against the petitioner is of cultivating opium in forest area
admeasuring 5.42 acres.
4. Considering the nature of allegation levelled
against the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
5. Accordingly, this application for anticipatory
bail is dismissed.
6. The petitioner is directed to surrender in the
Patna High Court CR. MISC. No.80708 of 2025(4) dt.10-03-2026
2/2
Court below within four weeks from today and pray for regular
bail.
(Sandeep Kumar, J)
Vikas/-
U
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