Umesh Kumar Yadav @ Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28972 of 2026 Arising Out of PS. Case No.-14 Year-2023 Thana- BHADHWAR District- Gaya ====================================================== Umesh Kumar Yadav @ Umesh Yadav S/o Jhari Yadav @ Jhari Mahto, Resident of Village - Panchhana, P.S. - Maigra, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Bhadwar P.S. Case No. 14 of 2023, dated 06.03.2023, registered for the offences punishable under Sections 8(b), 18 and 19 of the NDPS Act.

3. As per prosecution case, opium was found planted on protected forest land measuring 1.5 acres and petitioner was named as one of the accused persons who was involved in this farming.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. On the alleged date of occurrence, the petitioner was not even present at the place of

Patna High Court CR. MISC. No.28972 of 2026(2) dt.05-05-2026 2/3 occurrence and in a mischievous manner, it has been alleged that petitioner and co-accused were found fleeing away from the spot. There is no material to show involvement of the petitioner in the alleged occurrence, who is a farmer. Learned counsel lastly submits that petitioner is having clean antecedent.

5. Learned APP opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of substantive material against the petitioner and further considering his clean antecedent and possibility of false implication, let the petitioner, above-named, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya, in connection with Bhadwar P.S. Case No. 14 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.28972 of 2026(2) dt.05-05-2026 3/3 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(iii) The learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner (Arun Kumar Jha, J) Shahnawaz/- U T