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Patna High CourtCR. MISC./38241/2023disposed

Laldeo Yadav @ Laldeo Kumar v. The State Of Bihar

2023-07-31Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38241 of 2023 Arising Out of PS. Case No.-657 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== LALDEO YADAV @ LALDEO KUMAR S/O GHANSHYAM YADAV Sobhiyan Post. Jaygir, PS. Barachatti, Distt. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 15/18, with Sections 8 and 21 of the NDPS Act being added subsequently, registered in connection with Barachatty P.S.Case No. 657 of 2018.

3. The allegation against the petitioner is that he was growing opium crops on the forest land.

4. The learned counsel for the petitioner has submitted that the land on which the alleged cultivation of opium crops was done, is not belonging to the petitioner. He has submitted further that the petitioner is a person of clean antecedent.

Patna High Court CR. MISC. No.38241 of 2023(2) dt.31-07-2023 2/2

5. The learned court below shall verify the submission of the learned counsel for the petitioner made in paragraph no.4 of this order, and if it is found that the land on which illegal crops of opium were standing, were not belonging to the petitioner, shall release the petitioner above named, in the event of his arrest or surrender within four weeks from the date of communication of this order on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Barachatty P.S.Case No. 657 of 2018, subject to the conditions as laid down under Section 438(2) CrPC.

With the aforesaid direction/observation, the application stands disposed of.

(Nawneet Kumar Pandey, J) HR/- U T