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Patna High CourtCR. MISC./40438/2022dismissed

Mohan Singh v. The State Of Bihar

2022-11-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40438 of 2022 Arising Out of PS. Case No.-108 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== MOHAN SINGH Son of Guli Singh Resident of Village - sankkhwa, P.S.- Barachatti, District - 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.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard both sides.

The Petitioner apprehends his arrest in connection with Barachatti P.S. Case No.108 of 2019, registered for the offences punishable under Sections 8/15/18(c)/25 of the NDPS Act.

The petitioner and other co-accused persons are said to have engaged in illegal cultivation of opium. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by different coordinate Benches of this Court (Annexure-2 series). It is

Patna High Court CR. MISC. No.40438 of 2022(2) dt.22-11-2022 2/2 submitted that the police has not stated anywhere that the land belongs to the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J) Sanjay/- U T