Satyendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43150 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- BHADHWAR District- Gaya ====================================================== 1.

Satyendra Yadav Son Of Kamesher Yadav Village- Kishunchak, P.S.- Bhadwar, Distt.- Gaya (Bihar) 2.

Krishan Yadav @ Krishna Yadav Son Of Keshar Yadav Village- Barwadih, P.S.- Bhadwar, Distt.- Gaya (Bihar) 3.

Ashok Yadav @ Kishor Yadav Son Of Mannu Yadav @ Manu Yadav Village- Barwadih, P.S.- Bhadwar, Distt.- Gaya (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through The Narcotic Commissioner, New Delhi New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Raj Kishor Singh, APP For the O.P. No. 2 :

Mrs. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners. learned A.P.P. for the State and the learned CGC for the Union of India.

2. The petitioners apprehend arrest in connection with Bhadwar P.S. Case No. 07 of 2024 dated 11.02.2024 instituted for the offence punishable under Section 8(B), 18, 24, 27(B) and 29 of the N.D.P.S. Act.

3. The allegation against the petitioners and other co-accused persons are that they cultivated opium plants in large scale over the forest lands, which belong to the Forest Department and the said Department is the custodian of the said

Patna High Court CR. MISC. No.43150 of 2024(2) dt.10-07-2024 2/3 land.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the petitioners have no concern with the said cultivation of opium plants as well as the said plantation over the lands which belong to the Forest Department. Learned counsel for the petitioners submits that there is no evidence or material on record to show that the petitioners are cultivating the said opium plants. Only on the basis of suspicion, the petitioners along with other co-accused persons have been named. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. for the State as well as learned counsel for the Union of India (O.P. No. 2) have vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bhadwar P.S. Case No. 07 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.43150 of 2024(2) dt.10-07-2024 3/3 Sessions Judge-cum- Spl. Judge, N.D.P.S. Act, Gaya subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T