Created by Fuzzy Cloud

Patna High Court

Vijay Saw @ Vijay Prasad @ Vijay Kumar @ Vijay Kumar Keshri @ Vijay Prasad KeshriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail as suspicion alone does not satisfy the evidentiary threshold required for detention under the NDPS Act.

Summary

The petitioners, a group of villagers from Chordaha, were charged under Sections 8, 15, 18C and 25 of the Narcotic Drugs and Psychotropic Substances Act for alleged cultivation of opium plants on reserved forest land. They contended that they are simple farmers with no involvement in the illegal poppy cultivation, which was discovered by forest officials, and that the FIR was based solely on suspicion. The State of Bihar and the Union of India opposed the grant of pre‑arrest bail, while the petitioners argued that no material evidence had been collected against them and they have clean antecedents. The Court observed that suspicion, however strong, cannot replace proof and cited Raghunatha & Anr. v. State of Karnataka (2024 INSC 238) to support the principle that a suspect cannot be kept behind bars without substantive evidence. Consequently, the Court held that the petitioners were entitled to pre‑arrest bail, directing their release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of criminal antecedents and compliance with Section 482(2) of the BNSS.

Issues considered

  • Whether pre‑arrest bail can be granted under the NDPS Act when the accusation is based solely on suspicion.
  • Whether the provisions of Section 482(2) of the BNSS permit the Court to release the accused pending investigation.
  • Whether the lack of material evidence and clean antecedents justify bail despite the seriousness of the alleged offence.

Legislation cited

Subjects

  • pre‑arrest bail
  • NDPS Act
  • opium cultivation
  • suspicion vs proof
  • forest land
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87034 of 2025
                        Arising Out of PS. Case No.-23 Year-2025 Thana- DHANGAI District- Gaya
                 ======================================================
           1.     Vijay Saw @ Vijay Prasad @ Vijay Kumar @ Vijay Kumar Keshri @ Vijay
                  Prasad Keshri Son of Lakhan Saw
           2.    Naresh Manjhi S/o- Jagdish Manjhi.
           3.    Sanjay Bhuiya @ Sanjay Manjhi @ Sanjay Mandal S/o- Ramdeo Manjhi @
                 Botha Manjhi @ Bhotha Manjhi.
                 All are resident of Village - Chordaha, P.S.- Dhangai, District - Gayaji.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Union of India through Narcotics Commissioner, New Delhi. New
                 Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, APP
                 For the UOI/NCB          :       Mr. Arvind Kumar, CGC
                                                  Mr. Awdhesh Kr. Pandey, Sr. CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                     Heard Mr. Arvind Kumar Singh, learned counsel

                   appearing on behalf of the petitioners; Mr. Umesh Lal Verma

                   learned APP for the State and Mr. Awdhesh Kr. Pandey along

                   with Mr. Arvind Kumar, learned counsel for the UOI.

                                2. The petitioners seek pre-arrest bail in connection

                   with Dhangai P.S. Case No. 23 of 2025 registered for the

                   offence(s) punishable under Sections 8,15,18C,25 of the

                   Narcotic Drugs And Psychotropic Substances Act.

                                3. As per the allegation made in the FIR, a team was
Patna High Court CR. MISC. No.87034 of 2025(2) dt.28-01-2026
                                            2/4




          constituted for the destruction of cultivated opium plant in

          Chordaha reserved forest land and accordingly 5.36 acres of

          illegal cultivation of opium were destroyed over different plots.

          A sample of opium plant was recovered and seizure list was

          prepared        accordingly.        It     is        further   alleged   that

          accused/petitioners along with other co-accused persons, who

          belong to another place, were suspected to be engaged in illegal

          cultivation of opium.

                       4. Learned counsel appearing on behalf of the

          petitioners submits that the alleged place of occurrence, where

          the opium plant were cultivated, is in the forest area. The

          petitioners are the simple farmers of their villages and they have

          no concern at all with the said forest land or premises or any

          cultivation of opium plant in the said area. The forest area is

          heavily guarded by the forest officers, but since the illegal

          cultivation of poppy came to the knowledge of general-public,

          the petitioners were made accused merely on the basis of

          suspicion in the present case by the informant. The informant is

          a Forest Range Officer and he has not named any forest

          officials, after being informed that the poppy plants were being

          cultivated in the forest area, as it appears from the FIR. No

          material has been collected against the petitioners. Petitioners
Patna High Court CR. MISC. No.87034 of 2025(2) dt.28-01-2026
                                            3/4




          have clean antecedents. On these grounds, petitioners seek to be

          released on pre-arrest bail.

                       5. Learned counsel appearing on behalf of the Union

          of India and learned APP for the State have vehemently opposed

          the prayer for grant of pre-arrest bail, however, he admits that

          the forest officials has not been named in the FIR.

                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the allegations made in the FIR, I find

          that suspicion has been raised against the petitioners’

          involvement in the alleged offence of cultivation of poppy

          plants in the forest area. No recovery has been made from the

          house of the petitioners and the petitioners have been made

          accused in the present case on the basis of suspicion, the law in

          this regard is well settled as in case of Raghunatha & Anr. v/s

          State of Karnataka, 2024 INSC 238, wherein the Apex Court

          held that, a strong suspicion, howsoever, cannot take the place

          of proof and for suspicion and under-trial cannot be kept behind

          the bar, even after completion of investigation. I am of the

          opinion that petitioners, who are having clean antecedents,

          have, prima facie, made out a case to be released on pre-arrest

          bail.

                       7. The petitioners, above named, are directed to be
           Patna High Court CR. MISC. No.87034 of 2025(2) dt.28-01-2026
                                                       4/4




                     released on pre-arrest 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/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Sessions Judge-cum-Spl.

                     Judge, N.D.P.S. Act, Gayaji / Concerned Court in connection

                     with Dhangai P.S. Case No. 23 of 2025, subject to the

                     conditions as laid down under Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.