Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33319 of 2026 Arising Out of PS. Case No.-6 Year-2024 Thana- BHADHWAR District- Gaya ====================================================== Ganesh Yadav S/o Briksh Yadav @ Ramvriksh Yadav R/o Village - Kishunchak, P.S - Bhadwar, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Bhadwar P.S. Case no.06 of 2024 registered under sections 8(b), 18, 24, 27B and 29 of NDPS Act.

3. Allegation in the F.I.R is that opium cultivation was being carried out on Government land by an unknown person.

4. Learned counsel for the petitioner submits that petitioner was not named in the F.I.R and it would be evident from the bare perusal of the same that opium cultivation was being done on the Government land and there was a direction of the destruction of the same. It is further submitted that the petitioner has been made an accused only on the basis of vague suspicion and his previous antecedents without any tangible material to indicate his complicity and considering the same, in similar matter, the petitioner had earlier been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court (Annexure-P/2). It has also been submitted that in case of similar nature, the petitioner had also been granted bail by learned

Patna High Court CR. MISC. No.33319 of 2026(2) dt.14-05-2026 2/2 trial Court itself (Annexure-P/3). As a matter of fact, he has been repeatedly made an accused on vague grounds and in the present case he is in custody since 25.11.2025. He undertakes to cooperate in the case/trial. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that the petitioner is not named in the F.I.R and his name has transpired only on the basis of suspicion, the petitioner is directed to be enlarged on bail in connection with Bhadwar P.S. Case no.06 of 2024 of 202 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner.

(II) He shall co-operate in the trial, by appearing on each date and in case of non-appearance on two consecutive dates, the learned Court concerned shall be at liberty to cancel his bail bonds. (Soni Shrivastava, J) Harsh/- U T