Hiralal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32303 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- INDRAPURI District- Rohtas ====================================================== Hiralal Chaudhary S/o Late Hari Chaudhary R/o Village- Kamaranganj, P.S.- Dehri (Town), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8 (b)/18 and 20 (a) of the N.D.P.S. Act.
3. The first information report and the seizure list would disclose that the police reached the place of occurrence on a secret information and found that there was cultivation of opium plants in the land of Sone River (Sone Dila). There was a hut adjacent to the land and upon search 4.456 Kgs. of opium along with fruits and flowers were recovered.
4. It is submitted by learned counsel for the petitioner that the petitioner has been made accused only on the basis of suspicion, whereas he has got no concern either with the
Patna High Court CR. MISC. No.32303 of 2025(2) dt.19-05-2025 2/3 Sone Dila (land of Sone River) or the opium plant, fruit or flower. He is no way connected with the cultivation of the said plants. It is further submitted that the name of the petitioner has surfaced in the present case only on the basis of suspicion stating that he was one of the persons, who fled away from the hut. It is also submitted that the weight of the opium (poppy straw), which was recovered from the hut, is much less than the commercial quantity. The petitioner has no criminal antecedent and has been languishing in custody since 20.03.2025.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Indrapuri P.S. Case No.18 of 2025, subject to the condition that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner will mark his attendance in the local
Patna High Court CR. MISC. No.32303 of 2025(2) dt.19-05-2025 3/3 police station at the interval of 15 days till submission of the charge-sheet, failing which the prosecution will be at liberty to move cancellation of his bail bonds.
(Soni Shrivastava, J) Trivedi/- U T