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Patna High CourtCR. MISC./40706/2024bail granted

Birendra Manjhi v. The State Of Bihar

2024-08-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40706 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Birendra Manjhi Son of Indradev Manjhi Resident of Village- Piprahi, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 79 of 2024 registered under Sections 8(b), 18 and 29 of the N.D.P.S. Act.

3. As per prosecution case, petitioner is alleged to be involved in illegal cultivation of opium plants on large scale over the forest land.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner was neither involved in the illegal cultivation of opium plants nor he was present at the time of alleged occurrence. Allegation is general and omnibus. The petitioner

Patna High Court CR. MISC. No.40706 of 2024(3) dt.05-08-2024 2/2 has got no criminal antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Gaya in connection with Barachatti P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T