Budhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42095 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.

BUDHAN SINGH S/o Late Choba Singh Resident of Village- Funguniya, P.S.- Barachatti, District- Gaya.

2.

Ruplal Singh S/o Late Kishun Yadav Resident of Village- Funguniya, P.S.- Barachatti, District- Gaya.

3.

Prakash Kumar @ Prakash Singh @ Prakash Singh Bhokta S/o Late Ishwar Singh Resident of Village- Funguniya, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 8(b), 18, 29 of the NDPS Act.

As per the prosecution case, allegation against these petitioners is that, the petitioners along with other accused persons, were indulged in the cultivation of opium. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is further submitted on behalf of the

Patna High Court CR. MISC. No.42095 of 2022(2) dt.29-11-2022 2/2 petitioners that the petitioners are not the owners of the land in question. Without verifying the description of ownership of land petitioners are made accused in this case. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State opposes the prayer for bail and submits that petitioners have been found to be involved in cultivating opium.

Considering the aforesaid facts of the case, prayer for bail of the petitioners is refused with direction to the petitioners to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) asmit/- U T