Rambriksh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59303 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- HISUWA District- Nawada ====================================================== Rambriksh Mahto Son of Rooplal Mahto R/o Village- Basti Bigha, P.S. Hisua, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mrs. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Hisua P.S. Case No. 170 of 2024 registered for the offences punishable under Sections 8(a)(b)/ 18(a) of N.D.P.S. Act, 1985.

3. The informant alleges that, on secret information, raiding party raided the premises of the petitioner and found a plantation of opium poppy green plant in the area of 0.5 decimal out of which 150 pieces of opium poppy plant were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.59303 of 2024(3) dt.19-11-2024 2/2 the alleged land does not belong to the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T