Horil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21578 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Horil Yadav, S/O Rewa Yadav, Resident of Village- Fulguniya, P.S.- Barachatti, District- Gaya, ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Barachatti P.S. Case No. 37 of 2024, dated 14.01.2024, registered for the offences punishable under Sections 8, 18 and 29 of N.D.P.S. Act.

3. As per the FIR, there is allegation of cultivation of opium crop on forest land.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the land upon which the alleged cultivation of opium was done, does not belong to him but to the State and he has no connection with the alleged offence. He also submits that the whole case is based only on suspicion.

Patna High Court CR. MISC. No.21578 of 2025(2) dt.02-05-2025 2/3

5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Barachatti P.S. Case No. 37 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has

Patna High Court CR. MISC. No.21578 of 2025(2) dt.02-05-2025 3/3 concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Ramesh, S.Ali/- U T