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Patna High Court

Birju Yadav @ Vikash Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Birju Yadav, was implicated in a case under Sections 8(B), 18 and 29 of the NDPS Act for alleged involvement in opium cultivation on 24.99 acres of forest land. He contended that he has a clean antecedent and that the FIR does not disclose how his name was identified, arguing that the forest officials themselves were responsible for the cultivation. The State and the Narcotics Control Bureau opposed his request for anticipatory bail. The Court examined the material on record, noted the lack of specific incriminating evidence against the petitioner, and considered the principle of liberty under Section 482(2) of the CrPC. Accordingly, the Court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions laid down by the trial court. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act allegations.
  • Whether the FIR and material disclose a prima facie case against the petitioner sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • opium cultivation
  • forest land
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87729 of 2025
                      Arising Out of PS. Case No.-83 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Birju Yadav @ Vikash Kumar Yadav S/o Mahadev Yadav Resident of Village-
                 Piprahi Harnahi, P.S.- Barachatti, District- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 For the NCB              :      Mr. Bindhyachal Rai, Sr. Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned Senior counsel appearing on

                   behalf of the NCB Mr. Bindhyachal Rai.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 8(B), 18, 29

                   of NDPS Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that a team was constituted by the Department of Forest

                   for destroying opium cultivation and 24.99 acres of forest land

                   was cleared of opium cultivation on different dates, next alleges

                   that on enquiry, local villagers disclosed the name of 16 accused
Patna High Court CR. MISC. No.87729 of 2025(2) dt.21-01-2026
                                            2/3




          persons including the petitioner.

                       4. Learned counsel for the petitioner submits that

          petitioner is a persons with clean antecedent and has been

          falsely implicated in the instant case by the informant. It is next

          submitted that what is not in dispute rather stands admitted is

          that 24.99 acres of forest land was cleared of opium cultivation.

          It is next submitted that it is the duty of the authorities of the

          forest to ensure that forest is clean but then the forest officials

          instead of keeping the forest clean are indulging in cultivation of

          opium and when information reaches, the higher authorities FIR

          of the nature as alleged is instituted. It is submitted that the FIR

          does not even remotely discloses that as to who disclosed the

          name of the accused persons including the petitioner that they

          were involved in opium cultivation over forest land. It is also

          submitted that it does not appear probable that on such large

          tract of forest land, the opium could have been cultivated

          without the connivance of the forest authorities.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the NCB opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the
             Patna High Court CR. MISC. No.87729 of 2025(2) dt.21-01-2026
                                                         3/3




                       event of his arrest or surrender before the learned Court below

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.10,000/-

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

                       each to the satisfaction of the learned trial court where the case

                       is pending/successor court in connection with Barachatti P.S.

                       Case No.83/2025, subject to the conditions as laid down under

                       Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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