Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9863 of 2019 Arising Out of PS. Case No.-72 Year-2012 Thana- BARACHATTI District- Gaya ======================================================

1. Vijay Yadav, Son of Basudeo yadav, Resident of village - Jaigir, P.S.- Barachatti, Distt. Gaya.

2. Krishna Yadav, Son of Doman Yadav, Resident of village - Jaigir, P.S.- Barachatti, Distt. Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

The petitioners apprehend their arrest in connection with Barachatti P.S. Case No.72 of 2012 registered under Section 18 of the N.D.P.S. Act.

The informant got information that the petitioner and other accused persons had cultivated Afim plants in their fields and on such raid was conducted. The informant got grown up Afim plant in the field of petitioner. The learned counsel for the petitioners submits that nothing has been recovered from the conscious possession of the petitioners. The petitioners had given the lands on Batai but it appears that there is specific allegation that the petitioner had grown plants of Afim in his own field and from there recovery

Patna High Court Cr.Misc. No.9863 of 2019(2) dt.19-02-2019 2/2 was made. The case is of the year 2012. Petitioner moved this Court for grant of anticipatory bail only after seven years of the occurrence.

Considering the facts aforesaid and the nature of allegation made against the petitioners, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) sanjeev/- U T