Mohan Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36405 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Mohan Singh Bhokta, son of Sukar Singh Bhikta, Resident of VillageSankhwa, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Barachatti P.S.Case No.108 of 2016, registered for offences punishable under Sections 15/18 of N.D.P.S.Act. Allegation against the petitioner is of cultivation of opium plants, which is a prohibited item.

Submission of the learned counsel for the petitioner is that he ahs been falsely implicated in this case and up-till-now the report is not available before the learned court below. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is

Patna High Court Cr.Misc. No.36405 of 2017 (2) dt.10-08-2017 2/2 directed to surrender before the learned court below within a period of six weeks and in the meantime, the learned court below will call for FSL report of the seized articles and on consideration of the report, he will pass appropriate order without being prejudiced by the order of this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T