Sandeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31637 of 2025 Arising Out of PS. Case No.-13 Year-2022 Thana- DHANGAI District- Gaya ====================================================== Sandeep Yadav S/o Kamu Yadav @ Khutan Yadav Resident of VillageBarwadih, P.S.- Barachatti, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the State :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Dhangai P.S. Case No. 13 of 2022, dated 12.02.2022, registered for the offences punishable under Sections 8, 15, 18(c) and 25 of the NDPS Act.
3. As per allegation, opium has been cultivated in forest area by the accused persons including the petitioner.
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 over which opium is allegedly cultivated does not belong to the petitioner but belong to the Government. He further submits that there is no cogent evidence to connect the petitioner with the alleged offence and
Patna High Court CR. MISC. No.31637 of 2025(2) dt.16-05-2025 2/3 the whole case is based on suspicion.
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 learned concerned Court below, in connection with Dhangai P.S. Case No. 13 of 2022, 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
Patna High Court CR. MISC. No.31637 of 2025(2) dt.16-05-2025 3/3 hearing him and getting satisfied that the petitioner has 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.) ravishankar/- U T