Sanju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38533 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BHADHWAR District- Gaya ====================================================== 1.

Sanju Yadav S/O Vishwanath Yadav R/O Village- Manjhuali, Ps.Syhail (Salaiya) Dist. Gaya 2.

Ashok Singh Bhokta @ Ashok Singh S/O Naresh Singh Bhokta R/O Village- Manjhuali, Ps.Syhail (Salaiya) Dist. Gaya ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Kunwar Narayan Jamuar, Advocate For the Opposite Party :

Mr.Ram Naresh Ray, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 8(b)/18/29 of the N.D.P.S. Act.

3. As per FIR, petitioners are alleged to be engaged in illegal cultivation of opium.

4. It is submitted on behalf of petitioners that only on suspicion, petitioners have been made accused in this case. Petitioners have got no concern with the illegal cultivation of opium plants and the land, over which the plants were allegedly cultivated, does not belong to these petitioners. Petitioners claim clean antecedent. Two co-accused, with similar allegation, have already been allowed pre-arrest bail by this Court vide order

Patna High Court CR. MISC. No.38533 of 2023(4) dt.13-12-2023 2/2 passed in Cr.Mis.No. 41033/23.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, provisional bail allowed to these petitioners in Bhadwar P.S. Case No. 9 of 2023 pending in the Court of Sessions Judgecum-Spl. Judge, N.D.P.S. Act, Gaya is hereby confirmed. (Prabhat Kumar Singh, J) Shashi U T