Patna High Court
Ganesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 29, 8(b)
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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