Butae Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54479 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Butae Yadav Son of Pun Yadav Resident of Village - Sanaut, P.S. - Muffasil, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tabish Sharfuddin. Mr. Mahtab Alam For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The petitioner is apprehending his arrest in connection with Mofassil P.S. Case No. 98/2016, registered for offences punishable under Sections 18, 20 and 22of NDPS Act. It has been submitted on behalf of the petitioners that the name of the petitioner transpired in this case only on the basis of confessional statement of co-accused and also the alleged land on which the said opium was being cultivated, does not belong to the petitioner that has also come in case diary. It has further been submitted that there is no eyewitness in this case. Heard learned A.P.P. also.

Heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the petitioner, the privilege of anticipatory bail, it is accordingly

Patna High Court Cr.Misc. No.54479 of 2016 (3) dt.30-01-2017 2/2 rejected.

However, if the petitioner surrenders before the Court below and pray for regular bail, which will be considered by the learned court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U