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Patna High Court

Ganesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to the conditions prescribed under Section 438(2) of the CrPC.

Summary

Ganesh Yadav was arrested in a case alleging illegal cultivation of opium on forest land, charged under sections 8(b), 18 and 29 of the NDPS Act. He contended that the accusation was based solely on the testimony of a forest guard, that the land did not belong to him, and that no incriminating material was found on his person, asserting a clean antecedent. The State opposed his bail application. The High Court, after considering the lack of direct evidence and the petitioner’s claim of false implication, ordered that he be released on bail if arrested or surrendered within eight weeks, upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the conditions of Section 438(2) of the CrPC. The order was directed to the Sessions Judge‑Cum‑Special Judge, NDPS Court, Gaya.

Issues considered

  • Whether bail can be granted in an NDPS case involving alleged opium cultivation under sections 8(b), 18 and 29 when the accusation is based only on suspicion and no material evidence is recovered.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • opium cultivation
  • forest land
  • section 438
  • criminal procedure
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88262 of 2025
                       Arising Out of PS. Case No.-17 Year-2023 Thana- BHADHWAR District- Gaya
                 ======================================================
                 Ganesh Yadav S/O Jhaman Yadav R/O Village-Kishunchak, PS- Bhadwar,
                 Distt- Gaya ji

                                                                                 ... ... 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, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                                Heard learned counsel for the petitioner and

                   the State .

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 8(b), 18 and 29 of the

                   NDPS Act.

                                 3 . Petitioner is alleged to be indulged in illegal

                   cultivation of opium on the forest land.

                                 4.   It is submitted that petitioner has falsely been

                   made accused in this case only on suspicion. The land on which

                   the alleged cultivation of opium crops was found does not

                   belong to this petitioner. From the bare perusal of the F.I.R., it is

                   apparent that only on the basis of disclosure of forest guard
            Patna High Court CR. MISC. No.88262 of 2025(2) dt.10-02-2026
                                                        2/2




                      namely Binay Ram, this petitioner has falsely been made

                      accused and except that petitioner was neither seen on the spot

                      nor any incriminating material has been recovered from his

                      possession . Petitioner claims clean antecedent.

                                   5. Learned counsel for the State opposes the bail

                      petition of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, in the event of arrest or surrender within eight

                      weeks from today, let the petitioner, as named above, 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 the learned Sessions Judge – Cum – spl. Judge ,

                      NDPS Act, Gaya            in connection with Bhadwar    P.S. case

                      No. 17 of 2023 , subject to the conditions laid down under

                      section 438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U


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