Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34486 of 2024 Arising Out of PS. Case No.-212 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Santosh Yadav @ Santosh Kumar Son of Sacchu Yadav Resident of Village - Chhotki Chapi, P.S.- Barachatti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for anticipatory bail in a case registered for the offence punishable under sections 8(b), 18, 29 of the NDPS Act.

3. Prosecution case relates to illegal cultivation of Affim plants over the forest land as well as non-forest land. Local villagers disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is complete violation of provision of Section 50 of the NDPS Act and all the witnesses are Forest Guards and not the local people. The place of recovery does not belong to the petitioner. He has been falsely implicated in this

Patna High Court CR. MISC. No.34486 of 2024(2) dt.16-05-2024 2/2 case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 1.2.2023 passed in Cr. Misc. No. 52589 of 2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barachatti P.S. Case no. 212 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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