Bijay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35700 of 2022 Arising Out of PS. Case No.-587 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Bijay Yadav, (Male), aged about 27 years, Son of Late Dwarika Yadav Resident of Village- Baijnathpur @ Baidhnathpur, P.S.- Barachatti (Mohanpur), District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar Singh, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2023 Heard Mr. Birendra Kumar Singh, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Barachatti (Mohanpur) P.S. Case No. 587 of 2019 dated 02.12.2019, instituted under Sections 8/15/17/18/20/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. This is the second attempt for bail by the petitioner, as earlier such prayer was rejected by judgment and order dated 20.02.2021 passed in Cr. Misc. No. 31789 of 2020.
4. Learned counsel for the petitioner has reiterated the earlier submission that the material was not recovered from his conscious possession as it was forest land.
Patna High Court CR. MISC. No.35700 of 2022 dt.25-01-2023 2/2
5. Learned APP submitted that the petitioner has been found to be the person who was using the land for storage of such powder which is narcotic substance and from the order of last rejection, there is no material change in circumstances.
6. Having considered the case and submissions of learned counsel for the parties and the fact that nothing has been shown with regard to change of circumstances, and that the recovery being from the poultry farm of the petitioner strongly indicating his involvement, the Court is not inclined to allow the prayer.
7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Ranjeet/-Anjani AFR/NAFR U T