Rajendra Bhuian @ Rajendra Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37311 of 2023 Arising Out of PS. Case No.-47 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Rajendra Bhuian @ Rajendra Bhuiyan S/O Chalitar Bhuiyan R/O VillageSomiya, Ps. Barachatti, Dist. 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.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 18, 20 and 22 of the N.D.P.S. Act.
3. As per the prosecution case, 2 kg of Ganja, kept in a plastic wrapper, was recovered in the field of co-accused Manoj Yadav. It is further alleged that some cultivation of opium crops were also found in the land of other persons including this petitioner.
4. It is submitted on behalf of petitioner that on perusal of F.I.R., it transpires that neither any plot number nor khata number has been mentioned and as such, it cannot be said that cultivation of opium land was going on in the land/field of this petitioner. No incriminating article has been recovered from the possession of this petitioner. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.37311 of 2023(2) dt.03-08-2023 2/2
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Jude-cum-Special Judge, NDPS Act, Gaya in connection with Barachatti P.S. Case No. 47 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T