Prakash Bhuian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19290 of 2023 Arising Out of PS. Case No.-90 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== PRAKASH BHUIAN S/O JITAN BHUIAN R/v- Dang, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 sections 8, 15, 18(C), 25 of the N.D.P.S. Act.

As per FIR, it is alleged that the petitioner is indulged in the cultivation of illegal Afim-Posta which was planted over 21 acres of the forest land on the bank of Mohane River. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged cultivation of Afim-Posta or with coaccused persons. It is further submitted that the land in question over which, opium was allegedly cultivated does not belong to

Patna High Court CR. MISC. No.19290 of 2023(2) dt.19-05-2023 2/2 the petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name came into light only on the basis of disclosure made by local Chaukidar. The petitioner has got no criminal antecedent and languishing in judicial custody since 8.1.2023.

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, 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. 90 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya.

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