Baijnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34034 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- SIRDALA District- Nawada ====================================================== 1.

Baijnath Singh S/O Laxman Singh R/O Vill- Bahuara, P.S- Sirdala, DistNawada. 2.

Ram Khelawan Singh S/O Mahavir Singh R/O Vill- Bahuara, P.S- Sirdala, Dist- Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sirdala PS. Case No.-49 of 2025, registered for the offences punishable under Sections 8/ 18 of the N.D.P.S. Act.

3. As per allegation, there was opium cultivation going in certain part of forest land and as per the chokidar, the Petitioner was involved in its cultivation.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the whole case is based on

Patna High Court CR. MISC. No.34034 of 2025(3) dt.20-08-2025 2/3 suspicion and the Petitioner has nothing to do with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Sirdala PS. Case No.-49 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents,

Patna High Court CR. MISC. No.34034 of 2025(3) dt.20-08-2025 3/3 learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T