Gyani Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48935 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Gyani Singh Bhokta, Son of Late Ganauri Singh @ Gandouri Singh @ Anchchh Singh Resident of Village - Harnahi, P.O.- Bhalua, P.s.- Barachatti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Barachatti P.S. Case No.152 of 2022 instituted under Section 8(b), 18, 29 of the N.D.P.S. Act.

As per the prosecution story, the informant as per the direction of the superior officer undertook joint proceeding and in the area of 27.68 acres, opium was destroyed. Of the said 27.68 acres, 15 acres was forest land, 4.88 acres was Bihar Government land and and 7.80 acres was private land and later it was found that some persons were moving in suspicious condition and upon enquiry, the villagers gave the name of the present accused persons. Accordingly, the FIR was lodged. Considering the fact that the accusation is of illegal

Patna High Court CR. MISC. No.48935 of 2022(2) dt.09-01-2023 2/2 cultivation of opium plants as also the fact that the petitioner has criminal antecedent, this Court is not inclined to grant him relief, which is accordingly rejected.

In case the petitioner surrenders before the learned lower court within four weeks from today, the court shall take into account all the materials on record which the petitioner may put forward to consider his bail application and the same may be disposed of at an earliest without being prejudiced any observation made by this Court.

(Rajiv Roy, J) Prakash Narayan /- U T