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Patna High Court

Vijay YadavversusThe State Of Bihar

Decided
Disposal
DISMISSED

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

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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