Krishna Bhuiyan @ Krishna Rikiyasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27872 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Mithilesh Kumar Son Of Rampravesh Bhuiyan @ Ram Pravesh Singh Bhokta @ Ram Pravesh Rikiyasan Resident Of Village-Badam, P.S.- Madanpur, District-Aurangabad 2.
Rampravesh Bhuiyan @ Ram Pravesh Singh Bhokta @ Ram Pravesh Rikiyasan Son Of Late Ramdev Bhuiyan @ Late Ramdev Rikiyasan Resident Of Village-Badam, P.S.-Madanpur, District-Aurangabad 3.
Haricharan Rikiyasan @ Haricharan Singh Bhokta Son Of Late Ramdev Rikiyasan @ Late Ramdev Bhuiya Resident Of Village-Badam, P.S.- Madanpur, District-Aurangabad 4.
Raj Kumar Son Of Haricharan Rikiyasan @ Haricharan Singh Bhokta Resident Of Village-Badam, P.S.-Madanpur, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27959 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== KRISHNA BHUIYAN @ KRISHNA RIKIYASAN Son of Late Jagdeo Bhuiya @ Late Jagdeo Rikiyasan Resident of village - Badam, P.S. - Madanpur, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28419 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.
RAJDEO SINGH BHOKTA @ RAJDEV SINGH BHOGTA Son of Late Mangru Singh Bhokta Resident of Village - Badam, P.S.- Madanpur, District - Aurangabad (Bihar) 2.
Somar Rikiyasan Son of Late Biran Bhuiyan Resident of Village - Badam, P.S.- Madanpur, District - Aurangabad (Bihar)
2/4 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33088 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.
JANESH KUMAR Son of Panchu Singh Bhogta Resident of VillageBadam, PS- Madanpur, District- Aurangabad 2.
Panchu Singh Bhogta Son of Raju Singh Bhogta Resident of VillageBadam, PS- Madanpur, District- Aurangabad 3.
Rajendra Singh Bhogta Son of Raghu Singh Resident of Village- Badam, PS- Madanpur, District- Aurangabad 4.
Sudama Singh Bhogta Son of Raghu Singh Resident of Village- Badam, PSMadanpur, District- Aurangabad 5.
Tuntun Kumar Son of Hari Singh Bhogta Resident of Village- Badam, PSMadanpur, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 27872 of 2023) For the Petitioner/s :
Mr.Sanjay Kumar, Adv For the Opposite Party/s :
Mr.Parmanand Kumar, APP (In CRIMINAL MISCELLANEOUS No. 27959 of 2023) For the Petitioner/s :
Mr.Sanjay Kumar, Adv For the Opposite Party/s :
Mr.Amitesh Kumar, APP (In CRIMINAL MISCELLANEOUS No. 28419 of 2023) For the Petitioner/s :
Mr.Leelawati Kumar, Advi For the Opposite Party/s :
Mr.Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 33088 of 2023) For the Petitioner/s :
Mr.Bhaskar Shankar, Adv For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, App ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
3/4 case registered for the offence punishable under Section 18(b)/20(b) (ii) (c)/29 of the N.D.P.S Act.
3. Allegation against the petitioners is that the petitioners along with other co-accused persons were illegally cultivating Banned opium ( poppy flower) in their field and the same was seen by the police.
4. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case. He submits that the said land was not belong to the petitioners and they are not cultivating opium in their land. He submits that the co- villagers and choukidars have disclosed the names of the petitioners. He further submits that petitioners have clean antecedent.
5. Learned APP for the State opposing the prayer for bail.
6. Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Madanpur P.S. Case No. 64 of 2023.
7. However, if the petitioners surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the
4/4 learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) N.K/- U T