Dinanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48394 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Dinanath Yadav Son of Late Rajiv Nandan Yadav Resident of VillageChakki Laxman Dera, P.S.- Brahmpur, District- Buxar. 2.

Salik Yadav @ Shiv Shankar Yadav Son of Late Dev Narayan Yadav Resident of Village- Chakki Bhola Dera, P.S.- Brahmpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 15©, 18(B)(C) of the NDPS Act.

Allegedly, the petitioners leased their land to some person who is said to have been cultivating opium on the land. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 18-06-2019. Charge sheet has already been submitted. The petitioners have been made accused in the present case due to mistake of fact.

Patna High Court CR. MISC. No.48394 of 2019(2) dt.02-08-2019 2/2 The other accused who had taken the land of the petitioner on lease, were cultivating opium. The petitioners had no knowledge that the opium is being cultivated by the other co-accused on the leased land.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned District Judge-cum-Special Judge, NDPS, Buxar in connection with Brahmpur (Chakki) P.S. Case No. 73 of 2019.

(Sudhir Singh, J) A.K.V.//- U T