Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5274 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Pintu Yadav S/O Krishna Yadav Resident Of Village- Khajurain, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 8(b), 18 and 29 of the NDPS Act.

It is a case of plantation of opium plant in 3.48 acres land, which was destroyed. After inquiry name of the eleven persons including this petitioner surfaced in the illicit cultivation of opium plant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the plot number nor the khata number which was given in the FIR shows that land belongs to him.

Patna High Court CR. MISC. No.5274 of 2023(2) dt.07-04-2023 2/2 There is general and omnibus allegation against all the accused persons. Nothing incriminating article has been recovered from conscious possession of this petitioner. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barachatti P.S. Case No. 137 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Seesions Judge-cum-Special Judge, NDPS Act, Gaya.

(Sunil Kumar Panwar, J) Manish/- U T