Satya Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48330 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- BAUNSI District- Araria ====================================================== 1.

SATYA NARAYAN MANDAL Son of Late Kaleshwar Mandal Resident of Village-Bausi Bishwas Tola, Ward No. 03, Police Station-Bousi, DistrictAraria 2.

KRITYANAND MANDAL Son of Late Kaleshwar Mandal Resident of Village-Bausi Bishwas Tola, Ward No. 03, Police Station-Bousi, DistrictAraria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 15/18 of the NDPS Act.

3. As per the prosecution case, these petitioners were indulged in cultivation of Poppy plants from which opium is extracted.

4. It is submitted on behalf of the petitioners that the land in which Poppy was grown, does not belong to them. Even description of land as well as source of identification of land to be of the petitioners have not been disclosed in the FIR. Petitioner no.1 is 66 years old and petitioner no.2 is 61 years

Patna High Court CR. MISC. No.48330 of 2023(2) dt.22-08-2023 2/2 old. They claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge cum Special Judge, Araria in Special (NDPS) Case No. 14 of 2023/Bousi Police Station Case No. 30 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T