Mandip Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47547 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== MANDIP YADAV Son of Late Faguni Yadav Resident of village - Turi Tole Langurahi, P.S.- Hariharganj, District - Palamu, Jharkhand. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlendra Pd. Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 8(b), 15(b), 18(b), 20(b), 11(c) of the N.D.P.S. Act.
3. As per the prosecution case, this petitioner alongwith other accused persons assisted co-accused Shiv Kumar Bhokta in cultivation of opium crops in 140 katha and 5 katha land respectively.
4. It is submitted on behalf of petitioner that the land, on which cultivation of opium is alleged to have performed, is not belonging to petitioner. As a matter of fact, petitioner is landless and only on suspicion, he has been made accused. Coaccused Shiv Kumar Bhokta, who was allegedly assisted by the petitioner in growing opium, as well as other similarly situated other co-accused persons have already been granted bail by a coordinate Bench this Court, vide order dated 08.09.2023 passed in Cr.Misc. No. 44030 of 2023 and Cr.Misc. No. 50317 of 2023. Petitioner has got clean antecedent.
5. Learned counsel for the State and Union of India
Patna High Court CR. MISC. No.47547 of 2023(3) dt.06-10-2023 2/2 have opposed the prayer for anticipatory bail.
6. Considering the fact that there is no material on record to suggest that any land of the petitioner is engaged in cultivation of opium crops coupled with the fact that petitioner has got clean antecedent and some of the similarly situated coaccused have already been granted anticipatory bail by this Court, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS)-cum-1st Additional District & Sessions Judge, Aurangabad (Bihar) in connection with Dhhibra P.S. Case No. 09 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T