Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52713 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Bipin Yadav Son Of Ojinder Yadav @ Chetru Yadav @ Chokru Yadav R/O Village- Baisa, P.S.- Parbatta (MARIAYA), Dist.- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 8, 20(b) (ii)(c), 25 and 29 of the N.D.P.S. Act.

The prosecution allegation, in short, is that 71.2 kg ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.52713 of 2021(2) dt.22-12-2021 2/3 of fact. 71.2 kg ganja is recovered from the maize field. As per prosecution, the said field in question belongs to the petitioner. Learned counsel for the petitioner submits that the field in question does not belong to the petitioner and the same can be verified from the land revenue records. The petitioner had no concern with the recovered ganja or the field in question. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, N.D.P.S. Act, Khagaria in connection with Parbatta P.S. Case No. 21/2021, Special N.D.P.S. Case No. 01/2021, subject to the conditions as laid down under Section 438(2) of the Code

Patna High Court CR. MISC. No.52713 of 2021(2) dt.22-12-2021 3/3 of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T