Babu Lal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20285 of 2019 Arising Out of PS. Case No.-66 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Babu Lal Manjhi Son of Lochan Manjhi Resident of Village - Gularbed, P.S.- Barachatti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 16.05.2018, has prayed for bail in connection with Barachatti P.S. Case No. 66 of 2016 registered for the offence punishable under Sections 15 and 18 of the N.D.P.S. Act.

As per the allegation in the FIR, on receiving secret information that the accused persons including the petitioner were indulging in cultivation of opium, a raid was conducted. On seeing the informant and other police personnel, four accused persons including this petitioner managed to escape. However, they were identified by the local Choukidar. It is submitted on behalf of the petitioner that allegations as made in the FIR are false and concocted.

Patna High Court CR. MISC. No.20285 of 2019(4) dt.02-08-2019 2/2 Petitioner is a daily wage labourer and he has no piece of land in the said village nor any the land given under the Bhudaan Yagna. It is further submitted that the alleged cultivation or recovery has not taken place from his land. Petitioner has no criminal antecedent and he is in custody since 16.5.2018. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, especially the fact that the petitioner has no criminal antecedent and he is in custody since 16.05.2018, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya in connection with Barachatti P.S. Case No. 66 of 2016.

(Partha Sarthy, J) sushma/- U T