Hulash Singh Bhogta @ Hulash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49356 of 2022 Arising Out of PS. Case No.-108 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== 1.

Hulash Singh Bhogta @ Hulash Singh Son Of Tikam Singh Bhogta. 2.

Umar Singh @ Umar Singh Bhogta Son Of Late Jaggu Singh. Both are resident Of Village - Shankhwa, P.S.- Barachatti, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and the learned APP for the State through virtual mode in view of COVID-19.

The petitioners apprehend their arrest in connection with Barachatti P.S. Case No.108 of 2016 instituted under Section 15/18 of NDPS Act.

As per the prosecution story, the Forest Range Officer submitted written complaint in 2016 stating that in receiving information that opium plaints have come up in the forest area along with the officials released the place and the opium plants were destroyed and later the name of the accused persons named herein cropped up.

Learned counsel for the petitioners submits that due to village rivalry, they have been dragged in the matter and it is his

Patna High Court CR. MISC. No.49356 of 2022(2) dt.06-01-2023 2/2 further submission that he never came to know that FIR has been lodged against them which delayed the matter. Be that as it may, the matter is of 2016 and the petitioners finally approached this Court, six years later and in that background alone, this Court is not inclined to grant them relief of anticipatory bail which is accordingly rejected. However, in case of their surrender before the concerned court within four weeks from today the court shall take up the matter and dispose of the bail petition at an earliest without being prejudiced by any of the observation made above. (Rajiv Roy, J) Prakash Narayan /- U T