Patna High CourtCR. MISC./8614/2024bail granted

Sahdev Parjapat @ Sahdev Prajapat v. The State Of Bihar

2024-02-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8614 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Sahdev Parjapat @ Sahdev Prajapat S/o Late Budhan Prajapat R/o Vill - Buner, P.S. - Barachatti, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the State :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barachatti P.S. Case No. 260 of 2023 registered for the offence punishable under Sections 8(b), 18 and 29 of the Narcotic Drugs and Psychotropic Substance Act.

3. As per the prosecution case, the petitioner has been found to have been involved in opium cultivation in the forest area.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the seized articles has been recovered from the agricultural field which does not belong to the petitioner. The cultivation was done on more than 12 acres

Patna High Court CR. MISC. No.8614 of 2024(2) dt.22-02-2024 2/2 of land. The petitioner is in jail since 29.12.2023. The petitioner is 80 years old.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the age of the petitioner and the fact that he has not caught doing the cultivation, this application is allowed.

7. Let the petitioner, above named, be released on bail, after framing of charge, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, NDPS, Act, Gaya/concerned Court in connection with Barachatti P.S. Case No. 260 of 2023.

(Sandeep Kumar, J) P. Kumar U T