Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39819 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- BHADHWAR District- Gaya ====================================================== 1.

Ajay Yadav S/O Late Jaglal Yadav R/O Vill - Nabigarh, P.S. - Bhadwar, Distt.- Gaya 2.

Balli Bharti @ Balli Bhuiyan S/o Gola Bharti R/o vill - Nabigarh, P.S. - Bhadwar, Distt.- Gaya 3.

Shyam Bihari Bharti @ Shyam Bihari S/o Bhuvneshwar Singh R/o vill - Nabigarh, P.S. - Bhadwar, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail, apprehending their arrest, in connection with Bhadwar P.S. Case No. 11 of 2025, dated 28.02.2025, registered for the offences punishable under Sections 8(B) and 18 of the N.D.P.S., 1985.

3. As per allegation, the petitioners herein and the coaccused have cultivated opium on forest land.

4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that petitioners are no way involved in

Patna High Court CR. MISC. No.39819 of 2025(3) dt.09-07-2025 2/3 the alleged offence and the whole case is based against them on the basis of suspicion. He further submits that the land on which opium has been allegedly cultivated does not belong to the petitioners nor are they any way involved in cultivation.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have 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 petitioners have no criminal antecedent.

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

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their 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 their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Bhadwar P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

Patna High Court CR. MISC. No.39819 of 2025(3) dt.09-07-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their 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 petitioners.

(Jitendra Kumar, J.) ravishankar/- U T