Binesh Yadav@ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16316 of 2021 Arising Out of PS. Case No.-482 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== BINESH YADAV@ DINESH YADAV Son of Bipat Yadav Resident of Village - Kahudag, P.S.- Barachatti, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha, Advocate Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2022 Heard Mr. Anil Kumar Sinha, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Barachatti P.S. Case No. 482 of 2018 dated 10.08.2020 instituted for the offences under Sections 18/20 of the Narcotics and Psychotropic Substances Act.

75 kgs. of Doda powder and 1 kg. of Ganja is said to have been recovered from the house of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.16316 of 2021(2) dt.06-01-2022 2/2 submits that the house does not belonged to him. However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail is rejected.

If the petitioner surrenders before the court below and seeks bail, the court below shall look into the defence of the petitioner that the house from where recovery has been made does not belonged to him and shall pass orders in accordance with law only after being satisfied whether the house from where the recovery has been made belongs to the petitioner or not.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T